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MinutesCouncil Meeting

24 November 2020

Attention

These Minutes are subject to confirmation.

Prior to acting on any resolution of the Council contained in these minutes, a check should be made of the Ordinary Meeting of Council following this meeting to ensure that there has not been a correction made to any resolution.

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Table of Contents

Declaration of Opening....................................................................................Present and Apologies and Leave of Absence (Previously Approved)...........1. Public Question Time.....................................................................1.1 Mr Matthew McNeilly, 71 Doonan Road, Nedlands........................1.2 Mrs Paula Cakar, 37 Kirwan Street, Floreat...................................1.3 Mrs Claire Smith, 4 Grasby Street, Floreat.....................................1.4 Mr David Burton, 6 Grasby Street, Floreat.....................................1.5 Mr Anthony Papamatheos, 52 Louise Street, Nedlands.................1.6 Mr Andrew Jackson, Unit 3, 114 Stirling Highway,

Nedlands......................................................................................1.7 Mr & Mrs Clark, 36 Louise Street, Nedlands................................1.8 Ms Susan Jane, 65 Melvista Avenue, Nedlands..........................2. Addresses by Members of the Public...........................................3. Requests for Leave of Absence...................................................4. Petitions........................................................................................5. Disclosures of Financial Interest...................................................6. Disclosures of Interests Affecting Impartiality...............................6.1 Councillor Smyth – 13.8 - Responsible Authority Report –

Lot 531 (No. 79) and Lot 532 (No. 81) Broadway, Nedlands – 27 Multiple Dwellings and Shop................................................

6.2 Councillor Senathirajah – CM09.20 - Council Contribution to Rotary Centenary Event...........................................................

7. Declarations by Members That They Have Not Given Due Consideration to Papers...............................................................

8. Confirmation of Minutes...............................................................8.1 Ordinary Council Meeting 27 October 2020.................................8.2 Special Council Meeting 19 November 2020...............................9. Announcements of the Presiding Member without

discussion.....................................................................................10. Members announcements without discussion..............................10.1 Councillor McManus.....................................................................10.2 Councillor Smyth..........................................................................11. Matters for Which the Meeting May Be Closed............................12. Divisional reports and minutes of Council committees and

administrative liaison working groups...........................................12.1 Minutes of Council Committees....................................................12.2 Planning & Development Report No’s PD53.20 to PD54.20

(copy attached).............................................................................PD53.20 No. 3 Village Mews, Floreat – Residential – Ground Floor

Alterations and Upper Floor Addition to Single House.................PD54.20 Local Planning Scheme 3 – Draft Interim Local Planning

Policy - Hollywood West Transition Zone.....................................12.3 Technical Services Report No’s TS18.20 to TS19.20 (copy

attached)......................................................................................TS18.20 Acceptance of Management Orders for New Public Open

Space at Montario Quarter, Shenton Park...................................TS19.20 City of Nedlands Waste Plan........................................................

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12.4 Community & Organisational Development Report No’s CM09.20 to CM10.20 (copy attached)..........................................

CM09.20 Council Contribution to Rotary Centenary Event..........................CM10.20 Public Artwork Health Workers Tribute Project............................12.5 Corporate & Strategy Report No’s CPS29.20 (copy

attached)......................................................................................CPS29.20 List of Accounts Paid – September 2020.....................................13. Reports by the Chief Executive Officer.........................................13.1 Common Seal Register Report – October 2020...........................13.2 List of Delegated Authorities – October 2020...............................13.3 Community Engagement..............................................................13.4 LG Act Review – CEO Model Standards – Recruitment,

Performance and Termination......................................................13.5 CEO Key Results Areas Report – Key Issues and Next

Steps............................................................................................13.6 Invitation to Western Suburbs Working Group.............................13.7 Initiatives for the Department of Transport’s Perth Greater

Central Business District Transport Plan......................................13.8 Responsible Authority Report Lot 531 (o. 79) and Lot 532

(No. 81) Broadway, Nedlands – 27 Multiple Dwellings and Shop.............................................................................................

13.9 Monthly Financial report – October 2020.....................................13.10 Monthly Investment Report – October 2020.................................14. Elected Members Notices of Motions of Which Previous

Notice Has Been Given................................................................14.1 Councillor Youngman – Point Resolution Childcare Centre

Enrolments...................................................................................14.2 Councillor Smyth – Mattie Furphy House, Swanbourne –

Lease Variation............................................................................15. Elected members notices of motion given at the meeting for

consideration at the following ordinary meeting on 15 December 2020..........................................................................

15.1 Mayor de Lacy – Planning Committee........................................15.2 Mayor de Lacy – Suspension of Public Art Committee..............15.3 Councillor Wetherall – Revocation of Laneways Policy

Hollywood East...........................................................................16. Urgent Business Approved By the Presiding Member or By

Decision......................................................................................16.1 Councillor Coghlan – Development Application Information

Sessions.....................................................................................17. Confidential Items.......................................................................Declaration of Closure.................................................................................

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City of Nedlands

Minutes of an Ordinary Meeting of Council held in the Adam Armstrong Pavilion, Beatrice Road, Dalkeith on Tuesday 24 November 2020 at 7 pm. This meeting will be livestreamed.

Declaration of Opening

The Presiding Member declared the meeting open at 7.03 pm and drew attention to the disclaimer below.

Present and Apologies and Leave of Absence (Previously Approved)

Councillors Her Worship the Mayor, C M de Lacy (Presiding Member)Councillor F J O Bennett Dalkeith WardCouncillor A W Mangano Dalkeith WardCouncillor B G Hodsdon Hollywood WardCouncillor P N Poliwka (from 7.07 pm) Hollywood WardCouncillor J D Wetherall Hollywood WardCouncillor R A Coghlan Melvista WardVacant Melvista Ward Councillor R Senathirajah Melvista WardCouncillor N B J Horley Coastal Districts WardCouncillor L J McManus Coastal Districts Ward Councillor K A Smyth Coastal Districts Ward

Staff Mr M A Goodlet Chief Executive OfficerMrs L M Driscoll Director Corporate & StrategyMr P L Mickleson Director Planning & DevelopmentMr J Duff Director Technical ServicesMrs N M Ceric Executive Assistant to CEO & Mayor

Public There were 70 members of the public present and 6 online.

Press The Post Newspaper Representative.

Leave of Absence Nil.(Previously Approved)

Apologies Councillor N R Youngman Dalkeith Ward

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Council Minutes 24 November 2020

Disclaimer

Members of the public who attend Council meetings should not act immediately on anything they hear at the meetings, without first seeking clarification of Council’s position. For example, by reference to the confirmed Minutes of Council meeting. Members of the public are also advised to wait for written advice from the Council prior to taking action on any matter that they may have before Council.

Any plans or documents in agendas and minutes may be subject to copyright. The express permission of the copyright owner must be obtained before copying any copyright material.

1. Public Question Time

A member of the public wishing to ask a question should register that interest by notification in writing to the CEO in advance, setting out the text or substance of the question.

The order in which the CEO receives registrations of interest shall determine the order of questions unless the Mayor determines otherwise. Questions must relate to a matter affecting the City of Nedlands.

1.1 Mr Matthew McNeilly, 71 Doonan Road, Nedlands

QuestionNow that the advertising periods for Scheme Amendments 10 and 11 pertaining to Aged Care has closed (on 7 and 14 November respectively), can the CEO please outline a timeline for bringing the amendments to Council as soon as possible for their consideration, modification to ensure consistency with the City's LPPRAC and submission to the WAPC?

AnswerThese scheme amendments will be considered by Council at the 15 December Ordinary Council Meeting.

1.2 Mrs Paula Cakar, 37 Kirwan Street, Floreat

Question 1Are there any discussions or plans regarding Lawler Park? This includes the Toy Library, Hackett Hall, the Scout Hall and any considered changes regarding parking.

Answer 1Recreation and Community Services:

Strategic Recreation Plan: The City is in the process of completing a Strategic Recreation Plan. This will help determine how the City’s parks and reserves are used. The community input stage of this plan is now completed. As part of that community input stage, residents around

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Lawler Park were invited to input into the plan. The draft plan is now completed and early next year, Council will consider the plan with a view to releasing it for community comments. So, this will provide another opportunity for community members to input, by commenting on the draft plan.

Social Infrastructure Plan: In 2021, the City will be undertaking a community plan or Social Infrastructure Plan. This plan will help determine what buildings, equipment and services are needed to ensure a socially healthy and connected community. There will also be opportunity for community members and groups, including people living around Lawler Park, to input into this plan. The various ways to in which people can input will be widely advertised in the local press, on the City’s website and through our public outlets.

Hackett Play Centre: This is the building that has been occupied by the Toy Library and Playgroup for some time. Unfortunately, this building was accidently flooded by sewerage, due to a burst water pipe which was the responsibility of Water Corp. As a result, the Playgroup and Toy Library were unable to use the building until it had been thoroughly cleaned and restored to a usable state. The Hackett Playgroup has since moved to another location. Other locations are being considered for the Floreat Toy Library.

Hackett Hall (Playlovers): Following safety issues being identified, the City has been working with Playlovers Inc, who lease the Hackett Hall. In accordance with the Lease Agreement, Playlovers have been tasked with conducting the remedial works to ensure user safety. Playlovers have recently advised those works are nearing completion. Once notice has been received that the works are complete, Officers will conduct thorough checks to ensure the works have been completed at the required level and Playlovers can then resume use of the facility for the remainder of the Lease Term. The Lease expires in March 2024.

Question 2Is there a plan to create a community engagement group for Lawler Park, containing local residents and, if not, can we please do so?

Answer 2Technical Services have established that the Bore; Electrical Infrastructure; Irrigation System, Park Signage; Softfall and Playground are relatively new or in good condition. Based on the asset information, its proposed to arrange a public meeting with Community and Ward Councillors within the next couple of weeks to finalise the potential scope of requested upgrades in accordance with available 2020/21 budget of $41,096 plus the $11,683 donation. Administration will prepare information for the public meeting detailing the indicative costs, procurement lead-time for the (New seats and Exercise Equipment) as requested including implementation timeframe following finalisation of the agreed scope.

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Councillor Poliwka joined the meeting at 7.07 pm.

1.3 Mrs Claire Smith, 4 Grasby Street, Floreat

Question1I am grateful to Councillor Hodsdon and Councillor Poliwka for listening to local residents and opposing the proposal. Given the position of Nedlands Council opposing the proposal, please can you explain how Nedlands Planning and Cr Smyth supported it?Answer 1Following an assessment of the application City officers were of the opinion that the proposal was capable of approval under the Planning legislation and instruments, and as required, recommended this to the decision maker.

Councillor Smyth advised that she voted for because:

although parking is a problem, we didn't have the policy to help defend. 3-bedroom apartments and only 7 apartments with no direct neighbours. Probably the best offer so far, much better than others, reasonable

laundry, no squashed in poorly ventilated units to swell profit margins. With respect to Parking in lieu payments, I suggest we look at the north

side of Lawler Park, obtain easement rights for the privately owned lane and use first traunch of income to construct new parking to benefit amenity of looking for ways and means to make change.

Question 2If such a significant departure from the R-Codes is capable of approval, will the City carry out a consultation to seek feedback on whether the plot ratio under the R-Codes should not be applied uniformly across the City?

Answer 2Each application is assessed on its merits having regard to the planning framework that exists. Plot ratio is not necessarily applied “uniformly” ....it is one component that is considered in the assessment of the application and variations from the plot ratio are appropriate if it results in an improved overall development.

Question 3The City's officers justified the proposed reciprocal parking arrangement on the basis that there was no evidence to suggest whether a parking problem exists or does not exist in Kirwan Street. This is a flawed approach. The City's officers should have required the developer to provide evidence that there is no parking problem, prior to the officers recommending the reciprocal parking arrangement. How do the City's officers justify making a recommendation in the absence of any such evidence?

Answer 3A traffic assessment is required as part of the application and the assessment of this has informed the officer’s recommendations.

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1.4 Mr David Burton, 6 Grasby Street, Floreat

Question 1By recommending approval of a residential development with an office use component in a 'Local Centre' zone, the City has disregarded the objectives of its own local planning scheme. A local planning scheme is read as a part of the Planning and Development Act 2005 (WA), as such to disregard the local planning scheme is to disregard legislation. How do the City's officers justify their disregard for the local planning scheme?

Answer 1The City’s Planning Officers have considered the complete planning framework in making their recommendations on the development. No part of the planning framework has been “disregarded”.

Question 2The City's officers recommended, and the JDAP approved, a plot ratio which is 250% greater than the allowable plot ratio under the local planning scheme. How can such a large departure be justified?

Answer 2It is for the decision maker to determine the overall application. Where the applicant can demonstrate compliance with the “element objectives” within the planning framework the decision maker can consider an approval.

Question 3Could the Council please identify and clarify what steps or protocols are/were in place to ensure that there is no potential conflict of interest on the part of those making the decision at the JDAP and that they have not been influenced by personal, social, political or financial interests in reaching the decision approving the development?

Answer 3It is not for the Council to regulate possible conflicts of interest on the JDAP. The JDAP is a State Government body and this question should be directed to the Department of Planning or the WAPC. Nevertheless, Councillors on the JDAP provide impartiality declarations at Council meetings where they are sitting at JDAP. JDAP also has protocols for declarations of interest.

1.5 Mr Anthony Papamatheos, 52 Louise Street, Nedlands

Question 1When was the study/model first commissioned (i.e., date of instruction and contract signed), how much has been paid to Arup to date, who reviewed and executed the contract with Arup (internally and externally for any legal advisors), has Arup delivered on the study/model, and when did they do so, and if not when will this occur?

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Answer 1The Traffic Model was awarded to ARUP in April 2020 to the value of $88,950 excl GST in accordance with Council resolution dated 31 March 2020. The City has paid approximately 30% and has received further progress invoices for the next 53% of the awarded scope of work. Specific financial information cannot be disclosed as detailed contract financial information is commercial in confidence. The tender process followed the City’s procurement guidelines and was approved by Council. The contract is being managed by the City’s Manager of Assets and the City’s Senior Traffic Engineer. The base model is currently being reviewed by MRWA, with future models for 2025, 2035 and 2050 in progress. The base model and 2025 model is scheduled to be complete by the end of November with the 2035 and 2050 models following during December 2020.

Question 2Did Arup confirm its independence in taking on the assignment and confirm no other concurrent or future development instructions in the City of Nedlands?

Answer 2ARUP have confirmed they have no known conflict of interest with the project team undertaking this assignment. Furthermore, ARUP confirmed they have not undertaken any work for a developer (or representative of a developer) within the local government area of the City of Nedlands since 16 April 2019.

Question 3When will the City explain the metrics of the model, what it provides and how it’s inputs and outputs can be reviewed?

Answer 3The traffic model results will be presented to Council in December 2020. However, in the interim development proposals will be assessed against the WAPC Transport Impact Assessment (TIA) guidelines.

Question 4Has the model been used yet, or any development proposals deferred consideration pending its (alleged) imminent delivery?

Answer 4The model is under development and has not been used to defer proposals pending its completion. The current WAPC Development Control (DC) policy requires individual development applications to be supported by a Transport Impact Statement or Transport Impact Assessments. These reports are reviewed by either the City's Traffic Engineer or peer-reviewed by external Traffic Consultants in accordance with WAPC Transport Impact Assessment (TIA) guidelines.

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1.6 Mr Andrew Jackson, Unit 3, 114 Stirling Highway, Nedlands

Question 1Why does the Your Voice page refer to Scheme Amendment No. 7 in this regard?

Answer 1Reference was made to Scheme Amendment No.7 in the newsfeed item detailing the Community Information Session. This was an error that has now been fixed.

Question 2Have all previous submitters received email or postal notification, as is usually the case, and if not why?

Answer 2Yes - all submitters from the original application with email addresses will be advised today (24/11/20). This will be in addition to the letter drop to all residents in the City which is currently taking place.

Question 3Are the plans, which are voluminous, complex and difficult to view on-screen (as previously communicated to the City), on display and available for inspection at the City’s office?

Answer 3Yes - a full version is available in the document viewing section of the Nedlands Library. The Your Voice page is being updated with information on how and where to view plans. We are investigating how the large file sizes (in excess of 400MB) can be uploaded.

Question 4Why has only one Community Information Session been scheduled, while noting the long lead-time to report, and why on the same night as the Special Meeting of Electors?

Answer 4The timing of the information session was forced due to the shortened advertising period imposed by the SAT orders. It was critical the session was not too early so that residents were given enough notice. It could not be any later given the submissions will close one week later, which is seen as critical to allow residents sufficient time after the session to prepare submissions.

Question 5Is the City-wide Community Working Group being engaged in the matter?

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Answer 5If Council decide to refer this matter to the CWG it will be. The CWG function is to be involved so with LPPs and Precinct Planning. We are looking at having the CWG Terms of Reference amended to enable any additional items, as seen appropriate to be referred to the CWG.

Question 6What experts has the City engaged to tackle the proposal?

Answer 6The City is currently engaging planning consultants experienced in large development assessment to prepare the Responsible Authority Report. This decision has been taken due to the limited internal staff resources available to turn around the assessment in the shortened period of time made available by the SAT. The City will also be engaging architectural and landscape architectural advice, in addition to requesting the input of the State Design Review Panel given it has reviewed previous iterations of the development.

Question 7What stewardship of the matter is Council exercising?

Answer 7Council have queried the community engagement processes underway for this application to ensure a wide reach audience is contacted.

Question 8What representation will Council make to the MINJDAP and relevant Stateauthorities as need be on the matter?

Answer 8This is to be determined by Council when it formally considers the Responsible Authority Report.

Question 9What action has Council taken to secure height limits along Stirling Highway?

Answer 9For Stirling Highway East and West of the Town Centre, the City is currently seeking requests for quotations for built form modelling and community engagement which will include further investigation regarding building heights along Stirling Highway and into the transition zones.

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1.7 Mr & Mrs Clark, 36 Louise Street, Nedlands

QuestionThe ‘Chellingworth Towers’ Development Application at 97-105 Stirling Highway Nedlands is the largest DA in the history of the city. If approved this massive multi-tower complex DA will have a significant impact on our community. A Community Information Session has been advertised for 3 December 2020, 4pm - 7pm with individual bookings required. Why are residents not being offered the opportunity to attend a group session rather than being told that we can only attend a meeting with a planner on a one to two-person basis for 20 minutes?

COVID 19 cannot be used as a fair reason to avoid a public gathering if spacing is observed. Council meetings are now open to the public with such arrangements at Adam Armstrong Pavillion and the Bendat Basketball Centre so why is the public being kept away as a group?

AnswerThe City of Nedlands has not reverted to open house Community Information Sessions at this time. The City is offering 1 on 1 sessions with a professional planner to assist members of the community who wish to ask questions and to view plans with a member of the urban planning team. This then equips the person with information to provide a submission. Additional appointments times will be made available if required.

1.8 Ms Susan Jane, 65 Melvista Avenue, Nedlands

Question 1Given the outcome for modelling requirement for Scheme Amendment 8, at last Thursday’s meeting, is it necessary for amendments 10 & 11 to also have built form modelling attached when it goes into the WAPC for approvals to avoid further delays?

Answer 1Built Form Modelling is unlikely to be commenced and completed prior to the Scheme Amendments being referred to the WAPC, due to statutory timeframes required to be met.

Question 2If this is the case when in the process does the planning department put this together?

Answer 2We would need to prepare an RFQ and invite consulting firms to submit proposals to undertake the built form modelling. The appointment timeframe would be approximately 4-6 weeks and the subsequent completion of the work package would be expected to be 6-8 weeks, taking into consideration the Christmas break.

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Question 3Is the modelling street specific or is this currently being conducted for the whole of Nedlands?

Answer 3There is a variety of built form modelling being undertaken for areas that have been up coded throughout the City, with immediate focus being on Waratah Avenue, Broadway and the Nedlands Town centre. The City is also undertaking comprehensive studies and developing local planning policies for areas located along the length of Stirling Highway and immediately behind.

Question 4Given that these amendments have been advertised and submissions closed, what is the timetable to have the modelling completed so that there are no further delays in submitting to WAPC.?

Answer 4The timeframe to get the modelling completed will be approximately 10-12 weeks.

Question 5Given the amount of development please could you help me understand why discrepancies between LPP Aged Care and Scheme Amendments 10 & 11 were not picked up internally, so that minor adjustments could be made without having to exhaust the community with writing more submissions?

Answer 5When the LPP Residential Aged Care and Scheme Amendments No 10 and 11 were prepared and presented to Council they were consistent. Prior to endorsing the LPP Residential Aged Care, Council chose to make amendments to the LPP. However, at this time Council had already endorsed Scheme Amendment No 10 and 11 for advertising. Once Council have endorsed an Amendment for advertising, the Planning and Development Regulations 2015 do not allow for changes to be made to a Scheme Amendment until community consultation has closed, and at this time, only minor amendments can be made.

Question 6Will the Council approve the minor adjustments to Amendments 10&11suggested by the residents, to be done at the next meeting and without further delay?

Answer 6The planning team will assess the planning merit of the community’s comments on the Scheme Amendment documentation when they make their official recommendation to Council. Due consideration will be given to all responses received in reference to the Scheme Amendments prior to the planning team making their recommendation.

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Question 7Why is it that Planning seem to be working against the residents, when they are paid to work with us to achieve best outcomes for our City?

Answer 7This is not the case. Planning is working within the defined guidelines and statutory framework required to assess all applications and inform local planning policies. We are bound by legislation and are attempting wherever possible to ensure that the community needs are represented in our reporting.

2. Addresses by Members of the Public

Addresses by members of the public who have completed Public Address Session Forms to be made at this point.

Mr Max Hipkins, 36 Minora Road, Dalkeith CM09.20(spoke in support of the recommendation)

Mr Andrew Edwards, 14 Doonan Road, Nedlands 13.3(spoke in support of the recommendation)

Mr Tom Blackwell, 10 Kingsway, Nedlands 13.8(spoke in opposition to the recommendation)

Mrs Bronwyn Stuckey, 26 Kingsway, Nedlands 13.8(spoke in opposition to the recommendation)

Ms Fiona Argyle, 39 Kinninmont Avenue, Nedlands(spoke in relation to Community Life in Nedlands and how we can make our suburb greater)

Mr Robert Adam, 14 Stanley Street, Nedlands(spoke in relation to Nedlands Town Centre, Florence Road Public Realm Plazza and Laneways)

Mr Rudolf Boeddinghaus, 9 Granby Crescent, Nedlands(spoke in relation to Administration Staff & Secondary Employment)

3. Requests for Leave of Absence

Moved – Councillor BennettSeconded – Councillor McManus

That Councillor Youngman be granted leave of absence from 25 November 2020 until 28 February 2021.

CARRIED UNANIMOUSLY 11/-

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4. Petitions

Petitions to be tabled at this point.

Nil.

5. Disclosures of Financial Interest

The Presiding Member reminded Councillors and Staff of the requirements of Section 5.65 of the Local Government Act to disclose any interest during the meeting when the matter is discussed.

There were no disclosures of financial interest.

6. Disclosures of Interests Affecting Impartiality

The Presiding Member reminded Councillors and Staff of the requirements of Council’s Code of Conduct in accordance with Section 5.103 of the Local Government Act.

6.1 Councillor Smyth – 13.8 - Responsible Authority Report – Lot 531 (No. 79) and Lot 532 (No. 81) Broadway, Nedlands – 27 Multiple Dwellings and Shop

Councillor Smyth disclosed an impartiality interest in Item 13.8 - Responsible Authority Report – Lot 531 (No. 79) and Lot 532 (No. 81) Broadway, Nedlands – 27 Multiple Dwellings and Shop. Councillor Smyth disclosed that that she is a Ministerial appointee and paid member of the MINJDAP that will be considering this item at a meeting scheduled for 1 December 2020. As a consequence, there may be a perception that her impartiality on the matter may be affected. In accordance with recent legal advice from McLeods released to the local government sector in relation to a recent Supreme Court ruling, Councillor Smyth advised she will not stay in the room and debate the item, or vote on the matter. Please Note that although not participating in the debate Councillor Smyth advised she intended to listen to Public Questions and Addresses as she believed this is a neutral position and does not predispose a bias for the JDAP.

A similar declaration will be sent to the DAP administration prior to the scheduled MINJAP meeting.

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6.2 Councillor Senathirajah – CM09.20 - Council Contribution to Rotary Centenary Event

Councillor Senathirajah disclosed an impartiality interest in Item CM09.20 - Council Contribution to Rotary Centenary Event. Councillor Senathirajah disclosed that he is a member of the Freshwater Bay Rotary Club, and as a consequence, there may be a perception that his impartiality on the matter may be affected. Councillor Senathirajah declared that he would consider this matter on its merits and vote accordingly.

7. Declarations by Members That They Have Not Given Due Consideration to Papers

Nil.

8. Confirmation of Minutes

8.1 Ordinary Council Meeting 27 October 2020

Moved – Councillor WetherallSeconded – Councillor Hodsdon

The Minutes of the Ordinary Council Meeting held 27 October 2020 be confirmed.


8.2 Special Council Meeting 19 November 2020

Moved – Councillor CoghlanSeconded – Councillor McManus

The Minutes of the Special Council Meeting held 19 November 2020 are to be confirmed.

CARRIED 10/1(Against: Cr. Bennett)

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9. Announcements of the Presiding Member without discussion

The Mayor read an announcement from the CEO as follows:

To the City of Nedlands Council, I wish to acknowledge the recent front page press coverage which has placed Council in an embarrassing position and I take this opportunity to thank Cr Smyth for taking up my suggestion to include an independent investigation into the CGM Communications incident, as part of the resolution to Council, in order to put the record straight. It is hoped that this will provide a circuit breaker for the Council to rebuild its relationship with the community and move forward with new methods of engagement. This is also the right time for me to sever my relationship with Council and I hereby resign my position of Chief Executive Officer at the City of Nedlands, effective from close of business on 24 February 2021. The 24 February departure date meets my contractual notice period obligation and allows me to support Council in making the temporary arrangements needed to handle what now stands at three vacancies within an Executive team of four. Successful Councils build relationships at all levels. Ultimately local government is a child of the State Government. If a Council’s actions are unbound and unconstrained by its duty to this relationship, then a City is unable to perform it obligations successfully and incurs reputational damage, making it difficult to engage positively with the State Government. However, the community can be assured that the City of Nedlands will continue to deliver well-kept parks and natural bushland, civil infrastructure and community buildings, waste collection, support to its seniors, libraries, arts services, ranger and regulatory services – all of which keep this community safe and well provided for. The City can be proud to have a strong and honourable Administration dedicated to service, manned by people who will continue to discharge their roles for the benefit of this community. I wish the City of Nedlands every success in its ongoing quest to be an environmentally sensitive, beautiful, and inclusive place to live. Yours sincerely Mark Goodlet 24 November 2020

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November has been another busy month with yet more RAR’s, more MINJDAP meetings and more DA’s approved. We still hold the record for the western suburbs even though another local Mayor thinks he may have more DA’s than us. The CEO and I met today with the Town of Claremont to discuss how they navigate the RAR and MINJDAP process, having had a lot more experience than our City over the years.

Which leads me to inform you all that the Department of Planning has finally listened to our requests for a collaborative approach to Stirling Highway and the Perth-Fremantle railway line, agreeing to establish a Western Suburbs Working Group with all LGAs, Department of Transport, Main Roads and PTA. Finally, we might be able to get a much more strategic approach to density on major transport corridors making engagement with the Federal government to get funding for infrastructure upgrades so much easier when we are all working together. I will also attend my first WALGA Central Zone meeting this Thursday given we are now members again. I have put on the agenda the topic of ‘density targets’ as I believe we need a more strategic approach to this across the central zone.

Speaking of working together, I attended WALGA’s first ever Tourism Bound event last week where key stakeholders in the tourism industry came together to brief local government on how tourism can be a big contributor to local economies. With Nedlands working to progress the Tawarri Hot Springs project, and also having the advantage of being so close to the CBD, I think Tourism is a sector we need to look harder at for our local economy. I learnt a lot about how collaborate regional councils are, and how that significantly boosts their business cases for state and federal funding.

Being November, this month saw us remember those who have fought for our country and thank you to Barry Nunn and the Nedlands RSL for another touching ceremony. I also spent time at Shenton College a few weeks ago, where the City sponsors chaplaincy services and has done so for 20 years. This year has been a very busy year for the chaplains because of the impacts of COVID on student’s mental health and wellbeing. So, an extra big congrats to all those Year 12’s who made it through a very difficult year.

Finally, I’d like to thank retiring Councillor Gordon Hay for his service to the City for the past seven and a half years. He was always very passionate about our childcare and aged care services, the arts and the protection of Nedlands character. He will be missed. We wish him all the very best in his new job.

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10. Members announcements without discussion

10.1 Councillor McManus

Councillor McManus thanked the CEO for his great service to the City and advised he had no hesitation in saying he is a man of character, integrity and honour.

1. On the first November on behalf of the Mayor I attended the opening of the season of the Flying Squadron Yacht Club. It was a not a particularly nice day for such an event as it was raining, and gale force winds were the order of the day. Suffice to say I ducked going out on the water.

2. On Wednesday 11th November I attended the Remembrance Day ceremony at the War Graves site in Smyth Rd. This event was held by the RSL Nedlands and sponsored by the City of Nedlands. The RSL Nedlands of which I am a member thanks the City of Nedlands for its terrific ongoing support particularly Admin Officer Sam Edwards. I also commend the War Graves staff for presenting the site in a fantastic state.

3. On the 13th November I attended a Nedlands RSL meeting at the new Anzac House in St Georges Terrace and followed this up with lunch which was superb. I can report that this new facility is first class and it now includes wonderful health support including mental health support to Veterans. I encourage Councillors and others to take a tour of the new Anzac House.

4. During the month of November, I have attended, along with the CEO, two meetings in respect to the Perth Children’s Hospital Foundation’s (PCHF) proposed Hospice at Allen Park Swanbourne. The first meeting was with the Stakeholder Reference Group. This was attended by approx. 25 people from various areas such as CLE Town Planning, Child and Adolescent Health, Community representatives, PWC, PCHF, SAS, Hanna’s House, Paediatric Nurses, and mothers of deceased young children. A number of Nurse Specialists and mothers of young children who have passed away from severe illnesses spoke of how excited they were with this development. Everyone on the Stakeholder Reference Group strongly supported the Hospice and its proposed location. Major Ross Doherty from SAS said that and flying in the area would not present a problem to the Hospice and that he was talking to the Foundation about what materials need to be used to lessen whatever flying takes place. The Nurses and mothers of deceased children were adamant that having the SAS in the area is a plus for the Hospice not a negative. Major Doherty also said they were looking at how they can interact with the Hospice and the sick children. Evidently the Soaks Rugby Club has also indicated they would like to have some engagement which everyone thought was a plus. I did ask a few people if they would be interested in briefing Councillors on this project and they

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all said they would be delighted. Councillors can maybe advise me later if they would like this done.

We also attended a meeting of the Children’s Hospice Project Control Group. As this group mainly considers the funding, fund raising, plans and designs including costings and project tendering the discussions are confidential. Suffice to say that much work is being done around this and that nothing is easy on such a big and complex development. Much still needs to be done. I can add that I strongly suggested to the PCG that they need to bring the local community along with them and that a town hall like meeting needs to be held so as local people can have their say. I suggested a reliance on online community engagement is not enough. They said they would do something on this probably early in the new year.

5. I also want to make Councillors and the public aware of the wonderful work of Professor Ralph Martins AO in Alzheimer’s Research. His team of ECU Researchers are located at the Ralph and Patricia Sarich Neuroscience building at the QE11 Medical Centre. They also have an office on Stirling Highway Nedlands. The Lions Alzheimer’s Foundation, of which I am the Chairman recently purchased a Simoa Blood analyser costing $360k and this was installed at the neuroscience Centre in the first week in November. This will assist in the research effort to find a cure for Alzheimer’s by detecting the build-up of Beta Amyloid in the blood which would indicate the person would probably suffer from Alzheimer’s at some stage. This could lead to the person changing their lifestyle, diet, exercise etc to delay this for some time. The LAF, in the last 12 months has also purchased a Hyper Spectral Camera to assist detect the build-up of Beta Amyloid in the eye. This machine also cost approx. $350k. To remain at the cutting edge in medical research there is no such thing as cheap equipment.

10.2 Councillor Smyth

Acknowledged the CEO and particularly the work I have been involved in with him for example the school sports circuit, well underway. Other items the CEO has worked on Engineering initiatives, Smart City. Intent to improve our community engagement.

List of events and meeting attended by Councillor Kerry Smyth during October & November 2020 Lake Claremont Advisory Committee meeting – 5 November 2020 at 8:00am at the Town of Claremont

Agenda & Minutes available on Town of Claremont website https://www.claremont.wa.gov.au/Council/Committee-and-Council-Meetings

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https://www.claremont.wa.gov.au/Council/Committee-and-Council-Meetings


Attended with social distancing. Councillor Bennett also attended. Metro Inner North JDAP meeting #48 – 2 November 2020 at 9:00am at the Department of Planning, Lands and Heritage, 140 William Street, Perth to determine the following applications:

Attended online with Councillor Bennett.

Lot 97 (39) Kirwan Street, Floreat 7 multiple dwellings and 1 commercial tenancy The RAR recommendation for approval was moved and CARRIED 4/1

11. Matters for Which the Meeting May Be Closed

Council, in accordance with Standing Orders and for the convenience of the public, is to identify any matter which is to be discussed behind closed doors at this meeting, and that matter is to be deferred for consideration as the last item of this meeting.

Nil.

12. Divisional reports and minutes of Council committees and administrative liaison working groups

12.1 Minutes of Council Committees

This is an information item only to receive the minutes of the various meetings held by the Council appointed Committees (N.B. This should not be confused with Council resolving to accept the recommendations of a particular Committee. Committee recommendations that require Council’s approval should be presented to Council for resolution via the relevant departmental reports).

Moved – Councillor McManusSeconded – Councillor Senathirajah

The Minutes of the following Committee Meetings (in date order) are to be received:

Audit & Risk Committee 9 November 2020Circulated to Councillors on 11 November 2020

Council Committee 10 November 2020Circulated to Councillors on 19 November 2020


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Note: As far as possible all the following reports under items 12.2, 12.3, 12.4, 12.5 and 13.3 will be moved en-bloc and only the exceptions (items which Councillors wish to amend) will be discussed.

En BlocMoved - Councillor SmythSeconded – Councillor Wetherall

That all Committee Recommendations relating to Reports under items 12.2, 12.3, 12.4, 12.5 and 13.3 with the exception of Report Nos. PD54.20, CM09.20 and 13.3 are adopted en bloc.

CARRIED 10/1(Against: Cr. Hodsdon)

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12.2 Planning & Development Report No’s PD53.20 to PD54.20 (copy attached)

Note: Regulation 11(da) of the Local Government (Administration) Regulations 1996 requires written reasons for each decision made at the meeting that is significantly different from the relevant written recommendation of a committee or an employee as defined in section 5.70, but not a decision to only note the matter or to return the recommendation for further consideration.

PD53.20 No. 3 Village Mews, Floreat – Residential – Ground Floor Alterations and Upper Floor Addition to Single House

Committee 10 November 2020Council 24 November 2020Applicant Ben HohnenLandowner Helen KornweibelDirector Peter Mickleson – Director Planning & Development Employee Disclosure under section 5.70 Local Government Act 1995

Nil

Report Type

Quasi-Judicial

When Council determines an application/matter that directly affects a person’s right and interests. The judicial character arises from the obligation to abide by the principles of natural justice. Examples of Quasi-Judicial authority include town planning applications and other decisions that may be appealable to the State Administrative Tribunal.

Reference DA20/51253Previous Item NilDelegation In accordance with the City’s Instrument of Delegation,

Council is required to determine the application due to an objection being received.

Attachments 1. Applicant’s Justification Report

Confidential Attachments

1. Plans 2. Submission3. Assessment

Regulation 11(da) – Not Applicable – Recommendation Adopted

Moved – Councillor Smyth Seconded – Councillor Wetherall

That the Recommendation to Council be adopted.(Printed below for ease of reference)

CARRIED EN BLOC 10/1

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(Against: Cr. Hodsdon)Council Resolution / Committee Recommendation / Recommendation to Committee

Council approves the development application received on 20 July 2020 with plans date stamped 5 August 2020 for alterations and an upper floor addition to a Residential (Single House) at Lot 69 (No. 3) Village Mews, Floreat, subject to the following conditions and advice notes:

1. The development shall at all times comply with the application and the approved plans, subject to any modifications required as a consequence of any condition(s) of this approval. 

 2. This development approval only pertains to a Residential –

alterations and upper floor addition to a Single house as indicated on the determination plans.  

 3. All footings and structures to retaining walls, fences and parapet

walls, shall be constructed wholly inside the site boundaries of the property’s Certificate of Title. 

4. Prior to occupation of the development, the western elevation of the balcony on the upper floor facing west is to be screened in accordance with C1.2 of Clause 5.4.1 of the Residential Design Codes (Vol 1). The screening device is to be at least 1.6m in height above the finished floor level of the balcony, at least 75% obscure, permanently fixed and made of a durable material to restrict view in the direction of overlooking to the western adjoining property. The required screening shall be thereafter maintained to the satisfaction of the City of Nedlands.

5. All stormwater from the development, which includes permeable and non-permeable areas shall be contained onsite.

6. Prior to occupation of the development, all external fixtures including, but not limited to TV and radio antennae, satellite dishes, plumbing vents and pipes, solar panels, air conditioners and hot water systems shall be integrated into the design of the building and not be visible from the primary street, secondary street to the satisfaction of the City of Nedlands. 

7. Prior to occupation of the development, all air-conditioning plant, satellite dishes, antennae and any other plant and equipment to the roof of the building shall be located or screened so as not to be highly visible from beyond the boundaries of the development site to the satisfaction of the City of Nedlands.

8. This approval does not relate to any site works, decking or retaining walls 500mm or greater above the approved ground levels.

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Advice Notes specific to this proposal:

a) All street tree assets in the nature-strip (verge) shall not be removed.  Any approved street tree removals shall be undertaken by the City of Nedlands and paid for by the owner of the property where the development is proposed, unless otherwise approved under the Nature Strip Development approval. 

b) An exterior fixture associated with any air-conditioning unit or hot water system is considered an appropriate location where it is positioned: 

outside of balcony/verandah areas (if applicable) and below the height of a standard dividing fence within a side or rear setback area; or within a screened rooftop plant area or nook. 

c) All downpipes from guttering shall be connected so as to discharge into drains, which shall empty into a soak-well; and each soak-well shall be located at least 1.8m from any building, and at least 1.8m from the boundary of the block.  Soak-wells of adequate capacity to contain runoff from a 20-year recurrent storm event. Soak-wells shall be a minimum capacity of 1.0m3 for every 80m2 of calculated surface area of the development. 

d) All internal water closets and ensuites without fixed or permanent window access to outside air or which open onto a hall, passage, hobby or staircase, shall be serviced by a mechanical ventilation exhaust system which is ducted to outside air, with a minimum rate of air change equal to or greater than 25 litres / second. 

e) Where the existing structures are to be demolished, a demolition permit is required to be obtained for the proposed demolition work. The demolition permit must be issued prior to the removal of any structures on site All works are required to comply with relevant statutory provisions. 

f) Prior to the commencement of any demolition works, any Asbestos Containing Material (ACM) in the structure to be demolished, shall be identified, safely removed and conveyed to an appropriate landfill which accepts ACM. Removal and disposal of ACM shall be in accordance with Health (Asbestos) Regulations 1992, Regulations 5.43 - 5.53 of the Occupational Safety and Health Regulations 1996, Code of Practice for the Safe Removal of Asbestos 2nd Edition, Code of Practice for the Management and Control of Asbestos in a Workplace, and any Department of Commerce Worksafe requirements.  Where there is over 10m2 of ACM or any amount of friable ACM to be removed, it shall be

25


removed by a Worksafe licensed and trained individual or business. 

g) Where building works are proposed to the building, a building permit shall be applied for prior to works commencing.

h) The landowner is advised that all mechanical equipment (e.g. air-conditioner, swimming pool or spa) is required to comply with the Environmental Protection (Noise) Regulations 1997, in relation to noise.

i) The applicant is advised to consult the City’s Acoustic Advisory Information in relation to locating any mechanical equipment (e.g. air-conditioner, swimming pool or spa) such that noise, vibration impacts on neighbours are mitigated. The City does not recommend installing any equipment near a property boundary where it is likely that noise will intrude upon neighbours. Prior to selecting a location for an air-conditioner, the applicant the applicant is advised to consult the online fairair noise calculator at www.fairair.com.au and use this as a guide to prevent noise affecting neighbouring properties.

j) This decision constitutes planning approval only and is valid for a period of four years from the date of approval. If the subject development is not substantially commenced within the four-year period, the approval shall lapse and be of no further effect.

k) The applicant is advised that all development must comply with this planning approval and approved plans at all times. Any development, whether it be a structure or building, that is not in accordance with the planning approval, including any condition of approval, may be subject to further planning approval by the City.

l) The applicant is advised that variations to the hereby approved development including variations to wall dimensions, setbacks, height, window dimensions and location, floor levels, floor area and alfresco area, may delay the granting of a Building Permit.  Applicants are therefore encouraged to ensure that the Building Permit application is in compliance with this planning approval, including all conditions and approved plans. Where Building Permit applications are not in accordance with the planning approval, a schedule of changes is to be submitted and early liaison with the City’s Planning Department is encouraged prior to lodgement.

m) This planning decision is confined to the authority of the Planning and Development Act 2005, the City of Nedlands’ Local Planning Scheme No. 3 and all subsidiary legislation. This decision does not remove the obligation of the applicant and/or property owner to ensure that all other required local government approvals are first obtained, all other applicable state and federal legislation is

26


complied with, and any restrictions, easements, or encumbrances are adhered to.

PD54.20 Local Planning Scheme 3 – Draft Interim Local Planning Policy - Hollywood West Transition Zone

Committee 10 November 2020Council 24 November 2020Director Peter Mickleson – Director Planning & Development Employee Disclosure under section 5.70 Local Government Act 1995

Nil

Reference NilPrevious Item NilAttachments 1. Draft LPP - Hollywood West Transition Zone


Moved – Councillor WetherallSeconded – Councillor Poliwka


CARRIED 7/4(Against: Crs. Smyth Bennett Mangano & Coghlan)

Council Resolution / Committee Recommendation

Council prepares, and advertises for a period of 21 days, in accordance with the Planning and Development (Local Planning Schemes) Regulations 2015 Schedule 2, Part 2, Clause 4, Transition Zone (Hollywood West) Local Planning Policy, as per Attachment 1 amended as follows:

s 2.3.3 Building Height, define what is meant by ‘high quality design’ and with reference to the draft LPP on Design Review, and remove reference to ‘medium’ tree in this section.

s 2.3.5 Landscaping, define what is meant by ‘significant’ as referred to in relation to Additional design guidance/housing objectives.

s 2.4.1 Building Height, remove the words ‘is encouraged where’ in relation to roof top communal open space and replace with ‘will be considered where it includes significant soft landscaping and’.

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The following being added in the appropriate location/s within the LPP:

The additional height will not be supported where the development site abuts land with a lower residential development code; and

That the word “substantially” be removed at section 2.4.10 (ii) on page 40 of the draft LPP.

Recommendation to Committee

Council prepares, and advertises for a period of 21 days, in accordance with the Planning and Development (Local Planning Schemes) Regulations 2015 Schedule 2, Part 2, Clause 4, Transition Zone (Hollywood West) Local Planning Policy, as per Attachment 1.

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12.3 Technical Services Report No’s TS18.20 to TS19.20 (copy attached)


0BTS18.20 Acceptance of Management Orders for New Public Open Space at Montario Quarter, Shenton Park

Committee 10 November 2020Council 24 November 2020Applicant City of Nedlands Employee Disclosure under section 5.70 Local Government Act 1995

Nil

Director Jim Duff – Director Technical ServicesAttachments 1. Plan of lots 8001-8004, Deposited Plan

4152582. Photos of lots 8001, 8002 & 8004, Deposited

Plan 415258Confidential Attachments

Nil.


Moved – Councillor SmythSeconded – Councillor Wetherall


CARRIED EN BLOC 10/1(Against: Cr. Hodsdon)


Council:

1. accepts issuing of Management Orders to the City of Nedlands for the four (4) newly created reserves associated with Stage 1 of the Montario Quarter development, Shenton Park known as Dawes Park, Guttmann Park, Orton Park and Seymour Park comprising lots 8001-8004 on Deposited Plan 415258;

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2. acknowledges that accepting care, control and management of the four (4) reserves will require an operational budget for maintenance and agrees to allocate funding in the 2021-22 financial year when the City assumes responsibility for maintaining the reserves in September 2021;

3. acknowledges that final costs for maintaining the four (4) reserves will be presented for consideration during the 2021-22 budget process following competitive procurement of contract maintenance services;

4. instructs the CEO to write to the WAPC Chair seeking a robust explanation as to why the 1600 dwellings proposed for Montario Quarter do not count towards the City’s dwelling target in light of State Government policy on urban consolidation.


Council:

1. accepts issuing of Management Orders to the City of Nedlands for the four (4) newly created reserves associated with Stage 1 of the Montario Quarter development, Shenton Park known as Dawes Park, Guttmann Park, Orton Park and Seymour Park comprising lots 8001-8004 on Deposited Plan 415258;

2. acknowledges that accepting care, control and management of the four (4) reserves will require an operational budget for maintenance and agrees to allocate funding in the 2021-22 financial year when the City assumes responsibility for maintaining the reserves in September 2021; and

3. acknowledges that final costs for maintaining the four (4) reserves will be presented for consideration during the 2021-22 budget process following competitive procurement of contract maintenance services.

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TS19.20 City of Nedlands Waste Plan

Committee 10 November 2020Council 24 November 2020Applicant City of NedlandsEmployee Disclosure under section 5.70 Local Government Act 1995

Nil

Director Jim Duff – Director Technical ServicesAttachments 1. Letter from Department of Water and

Environmental Regulation dated 7 November 2019

2. Letter to Department of Water and Environmental Regulation dated 4 December 2019

3. City of Nedlands Waste Plan 4. City of Nedlands Waste Minimisation Strategy

and Action Plan 2017-2020





Council Resolution / Committee Recommendation / Recommendation to Committee

Council approve the City of Nedlands Waste Plan for submission to the Department of Water and Environmental Regulation.

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12.4 Community & Organisational Development Report No’s CM09.20 to CM10.20 (copy attached)


1BCM09.20 Council Contribution to Rotary Centenary Event


Nil

Director Marion Granich – A/Director Corporate and StrategyAttachments Nil. Confidential Attachments

Nil.

Councillor Senathirajah – Impartiality Interest

Councillor Senathirajah disclosed that he is a member of the Freshwater Bay Rotary Club, and as a consequence, there may be a perception that his impartiality on the matter may be affected. Councillor Senathirajah declared that he would consider this matter on its merits and vote accordingly.

Regulation 11(da) – Council wished to invite Nedlands Rotary to make a submission to Council for assistance.

Moved – Councillor BennettSeconded – Councillor Wetherall

Council:

1. agrees to participate in a tree planting ceremony to commemorate Rotary’s centenary in Australia; and

2. approves expenditure of $1,500 on a plaque and plinth to mark the occasion.

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AmendmentMoved – Mayor de LacySeconded - Councillor Smyth

An additional clause 3 be added as follows:

3. invites the Nedlands Rotary Club to make a submission to Council for assistance (financial and/or otherwise) in regard to the placing of a commemorative seat in the Jo Wheatley All Abilities Play Space to acknowledge Rotary’s centenary in Australia.

The AMENDMENT was PUT and was CARRIED 7/4

(Against: Crs. McManus Bennett Mangano & Wetherall)

The Substantive was PUT and was CARRIED 10/1

(Against: Cr. Mangano)

Council Resolution

Council:

1. agrees to participate in a tree planting ceremony to commemorate Rotary’s centenary in Australia;

2. approves expenditure of $1,500 on a plaque and plinth to mark the occasion; and

3. invites the Nedlands Rotary Club to make a submission to Council for assistance (financial and/or otherwise) in regard to the placing of a commemorative seat in the Jo Wheatley All Abilities Play Space to acknowledge Rotary’s centenary in Australia.

Committee Recommendation

Council:

1. agrees to participate in a tree planting ceremony (preferably in the Peace Memorial Rose Gardens) to commemorate Rotary’s centenary in Australia conditional on the Freshwater Bay Rotary Club inviting the Dalkeith and Nedlands Rotary Clubs to participate in the event; and


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Council:

1. agrees to participate in a tree planting ceremony to commemorate Rotary’s centenary in Australia; and


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CM10.20 Public Artwork Health Workers Tribute Project


Nil

Director Marion Granich – A/Director Corporate & StrategyAttachmentsConfidential Attachments

1. Public Artworks Available for Purchase.2. Statement of Artworks’ Connection to Brief






That Council request the Public Art Committee to pursue the option of a commissioned public art piece from a WA artist, in light of the limited choice of off the shelf selections available.


Council approves:

1. purchase of the public artwork “Circle” by Tetsuro Yamasaki;

2. expenditure of up to $50,000 (excluding traffic management) on the purchase and installation of the artwork specified at clause 1;

3. installation on Dot Bennett Park of the artwork specified at clause 1.

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12.5 Corporate & Strategy Report No’s CPS29.20 (copy attached)


CPS29.20 List of Accounts Paid – September 2020


Nil.

Director Lorraine Driscoll – Director Corporate & StrategyAttachments 1. Creditor Payment Listing – September 2020; and

2. Credit Card and Purchasing Card payments – September 2020 (28 Aug – 29 Sep).





Council Resolution / Committee Recommendation / Recommendation to Committee

Council receives the List of Accounts Paid for the month of September 2020 as per attachments.

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13. Reports by the Chief Executive Officer

13.1 Common Seal Register Report – October 2020


The attached Common Seal Register Report for the month of October 2020 be received.CARRIED 10/1

(Against: Cr. Bennett)

October 2020

SEAL NUMBER

DATE SEALED DEPARTMENT MEETING DATE / ITEM NO. REASON FOR USE

950 29 October 2020 Corporate & Strategy

Council Meeting 25 August 2020CPS15.20

Deed of Surrender - of Lease: Portion of Reserve 1669 and the whole of Reserve 7223 between City of Nedlands & Nedlands Golf Club Inc. (3 copies)

951 29 October 2020 Corporate & Strategy

Council Meeting25 August 2020 CPS15.20

New Lease between City of Nedlands and Nedlands Golf Club (3 copies)

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13.2 List of Delegated Authorities – October 2020


The attached List of Delegated Authorities for the month of October 2020 be received.CARRIED 10/1

(Against: Cr. Bennett)

October 2020

Date of use of delegation of authority

Title Position exercising delegated authority

Act Section of Act Applicant / CoN / Property Owner / Other

October 20201/10/2020 BA126052 Certified building

permit - Pool barrier - 39 Strickland St Mt Claremont

Manager Building Services

Building Act 2011 Section 20.1 Mr S B Kerr

1/10/2020 BA125027 Certified building permit - Pool - 8a Bedford Street Nedlands


Building Act 2011 Section 20.1 Aquatic Leisure Technologies Pty Ltd

1/10/2020 BA125839 Certified building permit - Patio - 75 Dalkeith Road Nedlands


Building Act 2011 Section 20.1 Austin Developments

1/10/2020 BA126130 Demolition permit - Pool - 1A Kirwan Street


Building Act 2011 Section 21.1 Mr Q Xing

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Swanbourne1/10/2020 BA126101 Uncertified building

permit - Pool - 3 North St Swanbourne


Building Act 2011 Section 20.1 A1 Pools

1/10/2020 BA122290 Uncertified building permit - Patio - 11 Allenby Rd Dalkeith


Building Act 2011 Section 20.1 Louvretec Perth

1/10/2020 BA125983 Certified building permit - Amendments - 16 Walpole St Swanbourne


Building Act 2011 Section 20.1 Coast Homes WA Pty Ltd

1/10/2020 BA125046 Certified building permit - Pool - 31 Wavell Rd Dalkeith


Building Act 2011 Section 20.1 Select Pools

2/10/2020 BA124087 Certified building permit - External works & Balustrade - 16 Iris Av Dalkeith


Building Act 2011 Section 20.1 Mr M Tomasini

2/10/2020 (APP) - DA20-49322 - 34 Lisle Street Mt Claremont - Residential Single House - Additions (Retaining Walls)

Principal Planner Planning and Development (Local Planning Schemes) Regulations 2015

Regulation 82 J A Smith

5/10/2020 BA126117 Certified building permit - Patio - 59 Thomas St Nedlands


Building Act 2011 Section 20.1 Ultimate Additions

5/10/2020 BA124470 Demolition permit - Full site - 22 Hobbs Av Dalkeith


Building Act 2011 Section 21.1 AAA Demolition & Tree Service

5/10/2020 BA126464 Certified building permit - Pool barrier - 10 Mayfair St Mt Claremont


Building Act 2011 Section 20.1 J Flavel

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5/10/2020 BA124756 Certified building permit - 5 x Dwellings - 92 Smyth Rd Nedlands


Building Act 2011 Section 20.1 Allure Homes (WA) Pty Ltd

5/10/2020 (APP) - DA20-48982 - Residential - Single House - Additions


Regulation 82 Infratec Pty Ltd

6/10/2020 BA123529 Building approval certificate - Dwelling (part of) - 15 Mountjoy Rd Nedlands


Building Act 2011 Section 58.1 Fast Track Approvals Pty Ltd

7/10/2020 (APP) - DA20-49470 - 80 Birkdale Street, Floreat - Residential - Single House -Additions


Regulation 82 Summit Constructions

7/10/2020 BA125291 Demolition permit - Full site - 4 Mayfair St Mt Claremont



7/10/2020 BA123540 Certified building permit - Forward works - 37 Lemons St Shenton Park


Building Act 2011 Section 20.1 Icon SI (Aust) Pty Ltd

7/10/2020 BA58518 Building Approval Certificate - Patio - 61 The Avenue Nedlands


Building Act 2011 Section 58.1 Building Lines Approvals Pty Ltd

7/10/2020 BA125214 Certified building permit - Pool barrier - 46 Mountjoy Rd Nedlands


Building Act 2011 Section 20.1 WA Pool Fencing Pty Ltd

7/10/2020 (APP) - DA20-53553 - 1 171 Broadway, Nedlands - Enclosure of Verandah

Principal Planner Planning and Development (Local Planning Schemes)

Regulation 82 D K Zhang

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Regulations 20157/10/2020 (APP) - DA20-54516 - 11 Mead

Grove, Floreat - Residential - Single House -Retaining & Fencing


Regulation 82 F Barreto

7/10/2020 (APP) DA20-49470 - 80 Birkdale Street - Additions


Regulation 82 Summit Constructions

8/10/2020 BA126484 Certified building permit - Medical fitout - 101 Monash Av Nedlands


Building Act 2011 Section 20.1 Canvale Pty Ltd

8/10/2020 BA125915 Certified building permit - Cabana - 32 Kirwan St Swanbourne


Building Act 2011 Section 20.1 Principal Landscapes

8/10/2020 BA125861 Certified building permit - Patio - 32 Kirwan St Swanbourne



8/10/2020 BA125900 Certified building permit - Front wall - 32 Kirwan St Swanbourne



8/10/2020 (APP) DA20-49316 - 141 North Street, Swanbourne - Residential - Single House - Additions and Alterations


Regulation 82 Craig Steere Architects

9/10/2020 BA126617 Occupancy Permit - Offices - 160 Stirling Hwy Nedlands


Building Act 2011 Section 58.1 Elite Compliance Pty Ltd

9/10/2020 BA126653 Occupancy permit - Manager Building Building Act 2011 Section 58.1 MSA Group

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Offices - 92 Monsh Av Nedlands

Services Pty Ltd

9/10/2020 BA126671 Certified building permit - Alterations - 40 Strickland St Mt Claremont


Building Act 2011 Section 20.1 Mr A Spagnolo

9/10/2020 BA126309 Demolition permit - Full site - 22 Lisle St Mt Claremont


Building Act 2011 Section 21.1 Brajkovich Demolition & Salvage Pty Ltd

9/10/2020 (APP) DA20-48917 - 32 Mayfair Street - Residential - Single House


Regulation 82 R F Cox

9/10/2020 (APP) - DA20-51263 - 18 Clement Street - Residential - Single House - Ancillary Dwelling


Regulation 82 N Cowan

12/10/2020

BA124495 Certified building permit - Dwelling - 4 Sadka lane Shenton Park


Building Act 2011 Section 20.1 Future Vision Building

12/10/2020

BA112698 Certified building permit - Dwelling - 137 Waratah Ave Dalkeith


Building Act 2011 Section 20.1 Atrium Homes (WA) Pty Ltd

12/10/2020

BA124023 Certified building permit - Pool - 73 Kirwan St Swanbourne


Building Act 2011 Section 20.1 BRPWA Factory Pools Perth Pty Ltd

12/10/2020

(APP) DA20-48912 - 24 Viewway - Amendment to DA19-40966


Regulation 82 Welink Group Pty Ltd

42

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Regulations 201512/10/2020

(APP) - DA20-52525 - 48 Alexander Road - Residential - Single House


Regulation 82 Tim Wright Architect

13/10/2020

BA126696 Certified building permit - Fitout - 91 Monash Av Nedlands


Building Act 2011 Section 20.1 Ace Interiors Project Pty Ltd

13/10/2020

BA126819 Certified building permit - Additions - 62 Watkins Rd Dalkeith


Building Act 2011 Section 20.1 Distinctive Homes WA

13/10/2020

B126474 Demolition permit - Full Site - 26 Louise St Nedlands


Building Act 2011 Section 21.1 Maxbay Pty Ltd

13/10/2020

BA126442 Certified building permit - Additions - 25 Godetia Gdns Mt Claremont


Building Act 2011 Section 21.1 Bruanne Pty Ltd

13/10/2020

(APP) - DA20-50303 - Residential - Single House - Boundary Wall


Regulation 82 R Tauss

13/10/2020

(APP) - DA20-52923 - 53 Edward Street - Residential - Single House with Front Fence


Regulation 82 Webb & Brown Neaves

13/10/2020

(APP) DA20-50308 - 29 Robinson Street - Reroofing works and additions to existing studio


Regulation 82 S L & M V Pole

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14/10/2020

BA125540 certified building permit - Fence - 37 Hobbs Av Dalkeith


Building Act 2011 Section 20.1 Dlux Builders

14/10/2020

BA126916 Certified building permit - Dwelling - 1 Birrigon Loop Swanbourne


Building Act 2011 Section 20.1 Aintree Holdings Pty Ltd

14/10/2020

BA124519 Certified building permit - Alterations - 40 Weld St Nedlands


Building Act 2011 Section 20.1 Ridgeline Developments Pty Ltd

14/10/2020

(APP) DA50-54143 - 35 Stirling Highway - Solar Panels


Regulation 82 Perth Solar Force

14/10/2020

3047960 - Withdrawn Parking Infringement Notice - Compassionate Grounds

Manager Health and Compliance

Local Government Act 1995

Sections 9.20/6.12(1)

Eric Hudson - Smith

15/10/2020

BA125187 Uncertified building permit - Deck and steps - 41 Vincent St Dalkeith


Building Act 2011 Section 20.1 Henley Enterprises

16/10/2020

(APP) - DA20-53705 - 58 Browne Avenue, Dalkeith - Amendment to DA20-46467


Regulation 82 Averna Pty Ltd

19/10/2020

(APP) - DA20-51592 - 19 Leopold Street, Nedlands - Residential - Single House - Pool and Boundary Fence Additions


Regulation 82 P J Parsons

20/10/202 BA121667 Certified building Manager Building Building Act 2011 Section 20.1 Phoenix

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0 permit - Shed - 214 Stubbs Terrace Shenton Park

Services Building Systems

20/10/2020

BA117385 Building approval certificate - Retaining wall - 2 Baird Av Nedlands


Building Act 2011 Section 58.1 Specialised Building Solutions Pty Ltd

20/10/2020

BA127321 Demolition permit - full site - 24 Lisle St Mt Claremont



20/10/2020

(APP) - DA20-52442 - 2 Nandina Avenue, Mt Claremont - Boundary Fence


Regulation 82 F L Jones & I G Todd

21/10/2020

BA127335 Certified building permit - Louvre pergola - 8 Endell Ridge Mt Claremont


Building Act 2011 Section 20.1 Louvre Shade

21/10/2020

(APP) - DA20-54749 - 83 Phillip Road, Dalkeith - Residential Single House - Additions (Front Fence)


Regulation 82 PBG Projects Pty Ltd

22/10/2020

(APP) DA20-51685 - 13 Reeve Street, Swanbourne - Residential - Additions to Single House

principal planner Planning and Development (Local Planning Schemes) Regulations 2015

Regulation 82 Bacic Group Pty Ltd

22/10/2020

BA127063 Certified building permit - Patio - 25 Kirwan St Swanbourne


Building Act 2011 Section 20.1 Austin Developments

22/10/2020

BA125958 Certified building permit - 3x Dwellings - 102


Building Act 2011 Section 20.1 Unearthed Homes Pty Ltd

45

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Adelma Rd Dalkeith22/10/2020

BA126085 Certified building permit - Pool - 7 Marlin Ct Dalkeith


Building Act 2011 Section 20.1 Quality Dolphin Pools

22/10/2020

BA127369 Certified building permit - Additions - 145 Rochdale Rd Mt Claremont


Building Act 2011 Section 20.1 Cottesloe Constructions Pty Ltd

23/10/2020

(APP) DA20-50733 - 66 Dalkeith Road, Nedlands - Residential - Two Storey Single House


Regulation 82 Tascone Design Team

23/10/2020

(APP) DA20-55069 - 13 Milyarm Rise, Swanbourne - Residential - Additions to Single House - Patio


Regulation 82 John Nickinson

23/10/2020

BA126998 Demolition permit - Full site - 83 North St Swanbourne


Building Act 2011 Section 21.1 Allsite Services WA Pty Ltd

23/10/2020

BA126531 Certified building permit - Basement, Pool and Wall - 22 Odern Crs Swanbourne


Building Act 2011 Section 20.1 Oceancorp Australia Pty Ltd

23/10/2020

(APP) - DA19-39201 - 11 Knutsford Street, Swanbourne - Residential - Single House - Fencing (Retro)


Regulation 82 Bacic Group Pty Ltd

26/10/2020

(APP) - DA20-52175 - 5 James Road, Swanbourne - Residential - Single House -


Regulation 82 A Richens

46

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Alfresco 5 James Road, Swanboure, Lot 21, 5181, 104851

Regulations 2015

26/10/2020

BA127208 Certified building Permit - Additions - 24 Odern Crs Swnbourne


Building Act 2011 Section 20.1 Oceancorp Australia Pty Ltd

26/10/2020

BA125705 Certified building permit - Dwelling - 7 Marlin Ct Dalkeith


Building Act 2011 Section 20.1 Building Corporation WA Pty Lt

26/10/2020

BA127714 Certified building permit - Office Fitout - 101 Monash Av Nedlands


Building Act 2011 Section 20.1 Canvale Pty Ltd

26/10/2020

BA126542 Demolition permit - Full site - 43 Mountjoy Rd Nedlands



27/10/2020

(APP) DA20-52558 - 75 Dalkeith Road, Nedlands - Residential - Additions - Bathroom Extension


Regulation 82 A P O'Donoghue & J M Kirkby

28/10/2020

BA103944 Uncertified building permit - Garage - 4 The Marlows Mt Claremont


Building Act 2011 Section 20.1 R Paolucci

28/10/2020

BA127984 Certified building permit - Office Fitout - 91 Monash Av Nedlands


Building Act 2011 Section 20.1 Perfect Practice

28/10/2020

BA54110 Building approval certificate - Alterations - 29 Robinson St Nedlands


Building Act 2011 Section 58.1 Assured Group WA Pty Ltd

29/10/202 (APP) - DA20-49540 - 62 Director of Planning Planning and Regulation 82 M Jacobsen

47

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0 Doonan Road, Nedlands - Change of use (From over 55's to 2x Grouped Dwellings)

Development (Local Planning Schemes) Regulations 2015

29/10/2020

BA124107 Certified building permit - 12 x Townhouses - 20 Sadka Lane Shenton Park


Building Act 2011 Section 20.1 BGC Construction Pty Ltd

29/10/2020

(APP) - DA20-53489 - 28 Kennedia Lane, Mt Claremont - Residential - Single House


Regulation 82 101 Residential Pty Ltd

29/10/2020

BA127768 Certified building permit - Solar Panels - 35 Stirling Hwy Nedlands


Building Act 2011 Section 20.1 Perth Solar Force

29/10/2020

3044179 - Withdrawn Parking Infringement Notice - Officer Error

Manager Health and Compliance

Local Government Act 1995

Sections 9.21/6.12(1)

Maurice Bruen

30/10/2020

(APP) - DA20-55300 - 5 Hillway, Nedlands - Advertisment Signage


Regulation 82 Element

30/10/2020

(APP) - DA20-55098 - 6 Colin Street, Dalkeith - Non-residential - Amendment to DA19-34978 (Extension of Planning Approval - Display Home)


Regulation 82 Planning Horizons Development Solutions

30/10/2020

(APP) - DA20-50991 - 16 Adderley Street, Mt Claremont - Residential - Single House


Regulation 82 Webb & Brown Neaves

48

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Regulations 201530/10/2020

BA128176 Occupancy Permit - Offices - 101 Monash Av Nedlands


Building Act 2011 Sections 58.1 IDS Consultants Pty Ltd

30/10/2020

BA127413 Certified building permit - Office Fitout - 4 Thornburn Way Shenton Park


Building Act 2011 Section 20.1 Montario Quarter Pty Ltd

30/10/2020

BA126554 Certified building permit - Dwelling - 1 Viking Rd Dalkeith


Building Act 2011 Section 20.1 Katrine Investments

30/10/2020

BA124576 Certified building permit - Studio - 27 Mayfair St Mt Claremont


Building Act 2011 Section 20.1 Sonax Pty Ltd

30/10/2020

BA127352 Demolition permit - Full site - 5 Hillway Nedlands


Building Act 2011 Section 21.1 Brajkovich Demolition & Salvage Pty Ltd

30/10/2020

BA126071 Demolition permit - Full site - 9 Mayfair St Mt Claremont



30/10/2020

BA61555 Certified building permit - Mixed use development - 1 Seymour Av Shenton Park


Building Act 2011 Section 20.1 BGC Construction Pty Ltd

30/10/2020

BA128253 Certified building permit - Pool - 40 Mayfair St Mt Claremont


Building Act 2011 Section 20.1 Infiniti Designer Pools

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13.3 Community Engagement


Nil.

CEO Mark GoodletAttachments 1. Email chain between CGM Communications and

the City of Nedlands.

Regulation 11(da) – Council wish to properly understand the matter and in doing so to have a transparent and lawful investigation process.

Moved – Councillor BennettSeconded – Councillor Coghlan


AmendmentMoved - Councillor ManganoSeconded - Councillor Coghlan

That the following clauses be added:

4. approves that an investigator be appointed within 2 weeks from 24 November 2020;

CARRIED 9/2(Against: Crs. McManus & Wetherall)

5. approves the investigator report the outcome to the CEO within 2 week from the date of their appointment;

CARRIED 6/5(Against: Crs. Horley McManus Hodsdon

Wetherall &Senathirajah)

6. all staff involved be identified. LOST 3/8

(Against: Mayor de Lacy Crs. Horley McManus Smyth Hodsdon Poliwka Wetherall & Senathirajah)

7. instructs the CEO to update the Mayor at their weekly meetings on the progress of the investigation.

CARRIED 10/1(Against: Cr. Wetherall)

50


The Substantive was PUT and wasCARRIED 9/2

(Against: Crs. McManus & Wetherall)

Council Resolution

Council:

1. notes that the contract between CGM Communications and the City of Nedlands has been terminated by agreement between the parties; and

2. instructs the Mayor undertake an FOI request for the entire documents to be fulfilled within 7 working days as per below:

a. The 22 page contract document bundle distributed to Councillors on the 29th October 2020 relating to quotation for Provision of Consultancy Services Community Outrage Engagement, consisting of 7 contract documents listed in Schedule 1 of AS4122-2010 Annexure Part A (Summary of Content), including document 2 titled: City of Nedlands Request for Quotation document RFQ 2019-20.WM issued April 2020; and

b. The Mayor to release documents once the FOI is completed; and

3. instructs the CEO to request the Director of Corporate & Strategy to appoint an independent investigator to ascertain the following and report to the Audit & Risk Committee:

a. confirmation of the RFQ documents;b. confirmation as to whether CGM Communications ever saw

the offending material; andc. the sequence of events that occurred in the development of

the RFQ, the procurement process and the assessment.

4. approves an investigator be appointed within 2 weeks from 24 November 2020;

5. approves that the investigator report the outcome to the CEO within 2 week from the date of their appointment;

6. instructs the CEO to update the Mayor at their weekly meetings on the progress of the investigation.

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Committee Recommendation

Council:


2. instructs the Mayor undertake an FOI request for the entire documents to be fulfilled within 7 working days as per below:

c. The 22 page contract document bundle distributed to Councillors on the 29th October 2020 relating to quotation for Provision of Consultancy Services Community Outrage Engagement, consisting of 7 contract documents listed in Schedule 1 of AS4122-2010 Annexure Part A (Summary of Content), including document 2 titled: City of Nedlands Request for Quotation document RFQ 2019-20.WM issued April 2020; and

d. The Mayor to release documents once the FOI is completed; and

3. instructs the CEO to request the Director of Corporate & Strategy to appoint an independent investigator to ascertain the following and report to the Audit & Risk Committee:

d. confirmation of the RFQ documents;e. confirmation as to whether CGM Communications ever saw the

offending material; andf. the sequence of events that occurred in the development of the

RFQ, the procurement process and the assessment.


Council:


2. appoints Councillor Mangano, Councillor (insert name) and Councillor (insert name) to provide scrutineering services for a new engagement services contract to help develop an engagement strategy and community survey.

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Executive Summary

This report responds to a Post newspaper article of 7 November 2020 and address community concerns on engagement activities within the City of Nedlands. It is recommended that the current community engagement process be revisited with Councillor oversight.

Discussion

Background

The implementation of Local Planning Scheme 3 (LPS3) has adversely affected a significant number of City of Nedlands residents.

In April 2020 the Mayor and a number of Councillors requested that the City obtain professional assistance to deal with community outrage about the implications Local Planning Scheme 3 (LPS3), understand the community better and build trust between the community, Council and the Administration. Consequently, a simple scope of work was developed with the aim of seeking professional assistance in understanding the matter, providing advice on a way forward and helping to implement any actions required. Three well regarded engagement specialists were approached to provide quotations for this service.

The firm selected to perform the work, CGM Communications, included in their submission on responding to social outrage the work of eminent author Peter Sandman, which has as a fundamental proposition the need to address the legitimate concerns of “outraged” customers. CGM’s submission quoted “… we see ‘social outrage’ as the response to a situation rather than the actual problem itself. The underlying causes of social outrage are the real problem, and once these are identified, analysed and understood, can be resolved …”

CGM’s approach was to seek and hear from the community to identify the real underlying problems so they could be resolved. They were subsequently engaged. Their professional assistance helped guide the decision of Council to develop an Engagement Strategy and community survey. CGM Communications professional services have been of a high quality throughout their engagement.

Councillor Mangano raised a notice of motion at the 27 October 2020 meeting of Council to terminate the contract with CGM Communications. Councillor Mangano was concerned that CGM Communications has links to developers and the Labor Government and as a consequence, these connections will be detrimental to the City. Councillors were aware of their high-quality service, their professionalism, the confidentiality clauses built into the contract and the fact that many engagement firms also provide services to a range of clients, including developers and the State Government. This motion was lost.

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Upon request Councillors were then provided with a copy of the contract as well as a report on the submissions which evaluated the submissions. This evaluation document was an internal document that was not provided to the respondents at any time. It contained material global gleaned from the internet which described a number of responses to social outrage. It was material obtained by an officer researching global social outrage. That material has been confirmed as being found from the internet and authored by Lesly in 1992.

The contract and evaluation report were provided to the Councillors confidentially and then subsequently these documents were provided to the Post newspaper by sources unknown. These internet quotations were printed in the 7 November 2020 Post newspaper claiming that this was the “admin brief” and that ‘the City of Nedlands has asked public relations firms to “divide and conquer” its own residents’.

This is misleading and completely incorrect. The material in question did not form part of the contract and CGM Communications.

CGM Communication first saw this material in the Post article of 7 November 2020 and had no knowledge of it before last week. CGM Communications has confirmed this in Attachment 1.

CEO CommentsI acknowledge seeing the offending comments originally and asking them to be deleted as they were inappropriate. Since LPS3, the time available to reread every document is not a realistic proposition and I did not check that they had been removed. I apologize to Council and to the community for this.

There is no underlying current within the Administration that seeks to oppose or undermine the legitimate concerns of the community. There is an intention to come to a position of understanding, trust and respect with the community.

This article has provided uncertainty in the minds of the community, creating a public perception that erodes trust in the Administration and in the process. CGM Communications are aware of this difficulty. Given that this conflicts directly with their aim for trust building as an engagement specialist, they have elected to withdraw from the contract, as per Attachment 1. This is supported by the City and the contract has been terminated by agreement.

In order to move forward with meaningful, trust building engagement, it is proposed that there be some Councillors appointed with scrutineering duties for the scope and evaluation process. This is as distinct from an operational role which would involve content production. Councillor Mangano has demonstrated a deep interest in this matter, and it is proposed that he, along with two other Councillors, provide a scrutineering role of the scope and selection process.

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Key Relevant Previous Council Decisions:

July 2020

CEO KRA – develop an engagement strategy and community survey.

Consultation

This report deals with engagement processes.

Strategic Implications

How well does it fit with our strategic direction? Aligns. Community engagement is required under the Local Government Act 1995.

Who benefits? The community. Resetting and recommencing engagement work will improve understanding of the community and its priorities.

Does it involve a tolerable risk?Resetting and recommencing the work with Councillor scrutineers will mitigate risk concerns.

Do we have the information we need?Yes.

Budget/Financial Implications

Can we afford it? Approximately $25,000 of a $60,000 contract has been expended to date. The current contract has now been terminated.

How does the option impact upon rates?$60,000 represents approximately 0.25% of rates.

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13.4 LG Act Review – CEO Model Standards – Recruitment, Performance and Termination

Council 24 November 2020 Applicant City of Nedlands Employee Disclosure under section 5.70 Local Government Act 1995Manager Human Resources

Shelley Mettam

CEO Mark Goodlet Attachments 1. Local Government Act Review presentation –

Model Standards for CEO Recruitment, Performance and Termination (Attachment 1)

2. WALGA Update: Draft Local Government (Administration) Amendment Regulations (No 2) 2020 (Attachment 2)


Moved – Councillor HorleySeconded – Councillor Smyth


Councillor Hodsdon left the room at 8.20 pm and returned at 8.25 pm.

CARRIED 10/1(Against: Cr. Mangano)

Council Resolution / Recommendation to Council

Council provide the following feedback and recommendation to the Department of Local Government to include in the Local Government Act review process and proposed Model Standards – CEO Recruitment, Performance and Termination:

1. That a Council’s Mayor or President is included as a required member of the selection panel when recruiting and selecting a Chief Executive Officer (CEO);

2. That the “transparency” of proposed CEO recruitment and selection process standards is clarified and made more explicit in relation to confidentiality requirements; and

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3. When advertising a CEO position to invite candidate applications, the advertisement is to prominently include the key attributes considered fundamental to the role.

Executive Summary

The Chief Executive Officer (CEO) Performance Review Committee met to discuss the Department of Local Government Sport and Cultural Industry’s invitation to local governments to provide feedback on proposed CEO Model Standards in application to recruitment, performance and termination of CEOs.

The following recommendation is from the CEO Performance Review Committee.

Discussion/Overview

During 2019 – 2020, the WA Local Government Act (the Act) has been undergoing a review process. As part of the review process, the draft Act requires the introduction of mandatory, minimum standards for local government CEOs.

The proposed minimum standards apply to CEO recruitment and selection, performance review and termination of employment.

A draft version of the Local Government (Administration) Amendment Regulations (No. 2) 2020 is currently open for consultation with local governments.

The Department of Local Government invited comment from local governments on proposed Model Standards – CEO Recruitment, Performance and Termination.

Responses to the department so far are reported by the department as follows:

“respondents indicated an overwhelming desire for increased transparency, independence, improved oversight and greater accountability as part of the process for CEO recruitment and performance review”.

The Department’s summarised Model Standards pertaining to CEO recruitment, performance review and termination are attached (Attachment 1).

The WA Local Government Association (WALGA) provided an update and summary of the Amendment Regulations and included a link to the Department’s website to view the draft Standards and associated documents (Attachment 2).

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The invitation for comment from local governments has been extended to 6 December 2020.


Nil.

Consultation

Nil.


Ensures good governance.

Budget/Financial ImplicationsNil.

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13.5 CEO Key Results Areas Report – Key Issues and Next Steps

Council 24 November 2020Applicant City of NedlandsEmployee Disclosure under section 5.70 Local Government Act 1995

The CEO declares a financial interest in this item given the Key Results Areas (KRAs) form part of the CEO’s contract. The CEO will leave the room for this item.

CEO Mark GoodletAttachments 1. Master Analysis and KRA Next Steps.

2. Issue Analysis of Existing KRAs3. Existing KRA Report

Regulation 11(da) – Council agreed for the CEO Performance Review Committee to workshop the KRA report for reasons detailed in clause 3.

Moved – Councillor HorleySeconded – Mayor de Lacy

That the Recommendation to Council be adopted subject to amending clause 3 to read as follows:

instructs the CEO Performance Review Committee, the CEO and the author of the attached analysis to workshop that analysis in order to develop a revised program to deliver the revised KRAs and the listed actions that will deliver the required efficiency and savings as set by Council.


Council Resolution

That Council:

1. receives the attached analysis of required actions to deliver the Chief Executive Officer (CEO) Key Result Areas (KRAs) including:

a. “Key issues” identified from the first baseline report;b. an analysis of the required challenges and key actions;c. identification of what is required to deliver the KRAs; andd. proposed updates to the KRAs (to tighten the focus);

2. notes the major change program required; and

3. instructs the CEO Performance Review Committee, the CEO and the author of the attached analysis to workshop that analysis in order to develop a revised program to deliver the revised KRAs and the listed actions that will deliver the required efficiency and savings as set by Council.

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Recommendation to Council

That Council:

1. receives the attached analysis of required actions to deliver the Chief Executive Officer (CEO) Key Result Areas (KRAs) including:

a. “Key issues” identified from the first baseline report;b. an analysis of the required challenges and key actions;c. identification of what is required to deliver the KRAs; andd. proposed updates to the KRAs (to tighten the focus);

2. notes the major change program required; and

3. instructs the CEO Performance Review Committee and the CEO to workshop the attachments to this report, in order to develop a revised program to deliver the revised KRAs and the listed actions.

Executive Summary

This is an analysis of the previous Chief Executive Officer (CEO) Key Result Areas (KRAs) base report. It considers the key issues and provides in-depth analysis to identify the key actions required to deliver effective outcomes.

The report identifies the key issues that will prevent effective delivery of KRAs, and the areas required to change.

The report has also analysed the original KRAs and identified improved grouping and actions to ensure these deliver good outcomes for the Community and the City.

Discussion/Overview

Background

The examination of the initial KRA baseline, presented to Council on the 27 th

October, has been completed in order to understand and group the clear actions required to achieve delivery of the Corporate Business Plan and the Strategic Community Plan.

This process has identified the key historic systems and processes that need to change to allow for significant improvements in service delivery and implementation of more cost-effective operations.

It should be noted that these actions would deliver significant positive changes to service delivery and greater support to delivery of Council’s Strategic Community Plan. However, certain key archaic systems such as the main finance system will require significant investment to change to a modern

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system that will support significant cost savings and improved service delivery. Key investments such as this should be part of a focused program of improvement and require business planning and scope definition to identify the benefit that will be realised.

Proposed Revised KRAs and Actions

Three Attachments are provided.

Attachment 3 provides the report completed last month in alignment with the current KRAs.

Attachment 2 provides an analysis of the current CEO KRAs, in particular, against integrated planning and reporting requirements and proposes to capture the intent of the current KRAs in more systematic groupings. The proposed KRAs are essentially an amalgam and reordering of the KRAs set for the CEO.

Attachment 1 provides the master analysis and a pathway forward for clear actions that will deliver the required efficiency and savings.


Ordinary Council Meeting 27 October 2020

That Council:

1. receives the attached Key Results Area (KRA) Traffic Light Report; and2. notes that the CEO will provide a further report to Council, for

endorsement, in November 2020 which deals with the following;

a. “key issues” identified in this first report;b. actions proposed;c. timeframes for actions;d. delivery methods; ande. proposed updates to KRAs (if required)

Consultation

It is proposed that the three Attachments be considered by the CEO Performance Review Committee for workshopping with the CEO in order to come to an agreement on the revised KRAs and their delivery.

The best KRAs are those that take the organisation on a journey of continuous improvement, in a partnership approach between the Council and the Administration. It is intended that this response to the initial CEO KRAs build on the current KRAs in a systematic and purposeful way. It is intended that these be discussed, analysis, reported on, monitored and review with the CEO Performance Review Committee with ongoing two way communication.

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How well does it fit with our strategic direction? The KRA actions are aligned to the delivery of the Council’s Strategic Community Plan and the required actions within the Corporate Business Plan to improve service delivery to our Community and drive efficiency across the organisation.

Who benefits? The key benefit on all listed actions is the improvement of service delivery to the Community.

Does it involve a tolerable risk?The required changes are a major reform program for the City, and this will need very tightly managed with clear risk mitigation at every level. The risks of change to core systems is the most significant and highest risk and this would be mitigated by a focused team and effective risk management.


There are no financial implications at this stage as the next stages will be planning each action and gathering any required costs, for reporting to the CEO Performance Committee followed by a decision at a future Council meeting.

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13.6 Invitation to Western Suburbs Working Group

Council 24 November 2020Applicant City of NedlandsEmployee Disclosure under section 5.70 Local Government Act 1995

Nil

CEO Mark GoodletAttachments 1. Letter from Department of Planning, Lands

and Heritage, Western Suburbs Working Group Invitation to Nominate Representatives

Regulation 11(da) – Not Applicable - Recommendation Adopted

Moved – Councillor SenathirajahSeconded – Councillor Wetherall


CARRIED 9/2(Against: Crs. Bennett & Mangano)


Council:

1. agrees to participate in the Department of Planning, Lands and Heritage initiative (Attachment 1) to establish a Western Suburbs Working Group;

2. nominates Mayor de Lacy as the City’s representative, and Deputy Mayor McManus as an alternative representative to the Western Suburbs Working Group; and

3. notes that the Chief Executive Officer will provide a senior technical officer representative to the Western Suburbs Working Group.

Executive Summary

The Department of Planning, Lands and Heritage are proposing the introduction of a Western Suburbs Working Group (WSWG) and have invited the City to join and to nominate representatives.

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Discussion/Overview

A cornerstone action within the City of Nedlands’ Strategic Community Plan (SCP) is advocacy. It states:

Influencing the decisions of others who contribute to positive community outcomes in the City is an important role. Advocacy to State Government for recognition, funding, or policy support is a good example of this role.

Priorities of the SCP include addressing parking, with an action to “advocate for improvements in public transport and bicycle routes”. Another priority is working with neighbouring Councils, with an action to “remain an active member of the Western Suburbs Regional Organisation of Councils (WESROC)”.

An opportunity to advocate to the State Government in conjunction with the other Western Suburbs local government entities has arisen. The Department of Planning, Lands and Heritage is seeking to establish a Western Suburbs Working Group to:

Provide advice to the WAPC in respect to the preparation of strategic plans for the Stirling Highway corridor, from Broadway to McCabe Street, and the Fremantle railway line corridor, from Subiaco to the northern boundary of the City of Fremantle

Provide advice to the relevant decision-making authority in respect to the development of Activity Centres with the Stirling Highway and Fremantle railway line corridors.

The Terms of Reference are contained within Attachment 1. The stated role of the group is below.

The Working Group will:

1. Undertake the following streams of work (the project):

a. Provide advice to the Western Australian Planning Commission in respect to the preparation of strategic plans for:

The Stirling Highway corridor, from Broadway to McCabe Street.

The Fremantle railway line corridor, from Subiaco Station to the northern boundary of the City of Fremantle.

2. Provide advice to the relevant decision-making authority in respect to the development of Activity Centres within the Stirling Highway and Fremantle railway line corridors.

3. Provide a forum for discussion between, and input from, key local government stakeholders.

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4. Identify and discuss matters relevant to the project including consideration of all relevant issues, opportunities and constraints, as follows:

• Land use.• Density and built form.• Public transport and transit orientated development.• Traffic management.• Land tenure.• Aboriginal and historic heritage.

The City has been invited to provide an elected member representative and a senior technical representative to the Western Suburbs Working Group.

This invitation has been extended to the following organisations:

City of Subiaco Town of Claremont Town of Cottesloe Town of Mosman Park Shire of Peppermint Grove Department of Transport Public Transport Authority Main Roads WA


Until 2009 a similar group known as the Western Suburbs District Planning Committee was in existence. This group was constituted under the Planning and Development Act 2005.

At a Special Council Meeting held 27 October 2009, Council resolved that Councillor Nikola Horley would be the preferred member, and Councillor Matthew Negus would be the deputy member.

It was determined by the State Government that rather than meet on a regular basis that this committee would meet as required. It is understood that the last meeting of this group was in June 2009.

The legislation supporting this committee is under review with plans to remove the requirement for district planning committees.

Consultation

Two of the matters raised in the Terms of Reference of the proposed working group, have been the subject of discussion at the WESROC Mayoral Forum. A coordinated approach to the Perth – Fremantle rail line and Stirling Highway had been concerns raised, with the suggested advantage of better State Government engagement on these items though a collective approach to the

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issues in the Western Suburbs. This proposal supports both of these concerns.

The City’s CEO made enquiries with the Western Australian Planning Commission and the Department of Planning, Lands and Heritage about a forum to discuss these City planning matters, in which the State Government is a major stakeholder. The Department of Planning, Lands and Heritage has responded positively.

The City’s Planning Department have also provided the following response to the invitation to join a Western Suburbs Working Group.

The City of Nedlands participation in the proposed working group will facilitate open conversations with our neighbouring local governments with relevant state government agencies to advocate the concerns of our community, at the same time dealing with critical infrastructure and planning issues at a sub-regional level.

Where issues, such as Stirling Highway are shared with other Local Governments, the WSWG will allow the City to have both an elected member voice as well as a technical voice at the table. Through collaborative discussion we will be able to raise concerns such as cumulative traffic impact, road widening, multi-modal transport options, traffic lights, land use and density and how these issues can be handled more holistically up and down the highway in a more coordinated and consistent manner.

The conversation regarding train stations and density, a better concentration of development within walking distance to those train stations, and consistent approaches to TOD zoning and built form outcomes can form part of that critical discussion. The DPLH will likely provide further advice and detail to the local governments which may include the introduction of a planning mechanism such as a structure plan to coordinate development outcomes around those train stations, possibly through Metronet and could potentially call in the resources of DevelopmentWA similar to what has recently taken place at the Bayswater Train Station.

Administration welcomes this initiative as it will allow the City of Nedlands voice to be heard, we will be able to hear what the concerns are of our neighbours, and through collaboration better planning and transport outcomes can be achieved throughout the western suburbs whilst balancing the needs for population growth and existing residential amenity.


How well does it fit with our strategic direction? As detailed in the Discussion, this proposal has strong alignment with the SCP.

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Who benefits? Potentially the City of Nedlands community benefits as a whole, with those nearest the rail line and Stirling Highway gaining the most benefit.

Does it involve a tolerable risk?What level of risk is associated with the option? There is a risk that the Working Group does not deliver a more coordinated approach, or better outcomes, to these matters. However, the level of risk is low. Any discussion with neighbouring local governments and with key State Government stakeholders gives the City of Nedlands a voice and raises the prospects for better outcomes.

How can it be managed? Terms of Reference will manage the subject matter. Minuting of the meetings will provide a record of decisions and matters dealt with. These mechanisms will provide transparency on the group’s activities and performance.

Do we have the information we need?Yes. Refer to Attachment 1.


The cost of participation will be limited to in-kind support of the working group through the elected member’s participation and that of the senior technical support officer. Should the meeting occur on a two-month cycle (though this is yet to be determined) the elected member and officer time in relation to preparation / attendance /reporting is about 4 hours each per meeting.

Can we afford it? How well does the option fit within our Long Term Financial Plan?Participation potentially has benefits for medium and long-term future of the City.

What do we need to do to manage the costs over the lifecycle of the asset / project / service?Participation in the WSWG may in fact reduce overall costs to the City for the reason that this brings into one room the many stakeholders that the City deals with in the normal course of discussion on these matters, particularly with State Government.

Any proposals that come from the WSWG would be the subject of separate consideration by Council.

How does the option impact upon rates?Given the stakeholder liaison efficiency that the WSWG may deliver, the impact on rates is minimal and may even reduce overall costs.

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Conclusions

The City of Nedlands has received an invitation to participate in a sub-regional State Government sponsored planning working group. This aligns with the City’s Strategic Community Plan and has the potential for a coordinated response across local governments on Stirling Highway and the Perth Fremantle rail line. It is recommended that this invitation be accepted.

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13.7 Initiatives for the Department of Transport’s Perth Greater Central Business District Transport Plan

Council 24 November 2020Applicant City of Nedlands Employee Disclosure under section 5.70 Local Government Act 1995

Nil.

Director Jim Duff – Director Technical ServicesCEO Mark GoodletAttachments 1. Administration assessment of initiativesConfidential Attachments

Nil.

Regulation 11(da) – Council agreed that the City of Perth should be engaged with in relation to the area of Crawley- Nedlands which joins the two local governments.

Moved – Councillor McManusSeconded – Councillor Poliwka

That the Recommendation to Council be adopted subject to a clause 4 being added as follows: 4. instructs the CEO to engage with the City of Perth when

undertaking this review in respect of the Crawley-Nedlands area of the Perth Greater CBD Transport Plan.

Councillor Senathirajah left the room at 9.02 pm and returned at 9.05 pm.


Council Resolution

That Council:

1. notes the Department of Transport (DoT) is developing Phase Two of the Perth Greater CBD Transport Plan;

2. instructs the CEO to further investigate and prioritise the Department of Transport’s (DOT) initiatives list to have a better understanding of the projects and theirs implications to actively respond to the DoT’s development of the plan, which includes the development of initiatives and its priority, in order to ensure better outcomes for the City of Nedlands; and

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3. instructs the CEO to present a report to Council detailing the results of the City’s review of the Department of Transport (DOT) initiatives list and any subsequent recommendations for Council’s consideration; and

4. instructs the CEO to engage with the City of Perth when undertaking this review in respect of the Crawley-Nedlands area of the Perth Greater CBD Transport Plan.


That Council:

1. notes the Department of Transport (DoT) is developing Phase Two of the Perth Greater CBD Transport Plan;

2. instructs the CEO to further investigate and prioritise the Department of Transport’s (DOT) initiatives list to have a better understanding of the projects and theirs implications to actively respond to the DoT’s development of the plan, which includes the development of initiatives and its priority, in order to ensure better outcomes for the City of Nedlands; and

3. instructs the CEO to present a report to Council detailing the results of the City’s review of the Department of Transport (DOT) initiatives list and any subsequent recommendations for Council’s consideration.

Executive Summary

The Department of Transport (DoT) is developing Phase Two of the Perth Greater Central Business District (CBD) Transport Plan that outlines a series of initiatives and investments that will help residents, workers and visitors move around the Perth City Centre.

The purpose of this report is to inform the Council of the DoT’s Perth Greater CBD Transport Plan and seeking the Council’s endorsement to investigate the initiatives further.

Discussion/Overview

The Department of Transport (DOT) developed the Perth Greater CBD Transport Plan (Phase one) that outlines a series of transport initiatives and investments for the Perth Greater CBD area.

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The Perth Greater CBD refers to the area shown in the map below, including the neighbourhoods of Crawley, Nedlands, West Perth, Northbridge, Claisebrook and the central Perth CBD.

Source: Perth Greater CBD Transport Plan (Phase One)

The phase one report was issued in August 2020, focusing on Perth Parking Management Area (PPMA), as shown in the diagram below.

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Source: Perth Greater CBD Transport Plan (Phase One)

Phase Two of The Perth Greater CBD Transport Plan will include identifying the short-term (one to five years) and longer-term (six to ten years) priority initiatives that fall outside the PPMA.

The DoT’s Perth Greater CBD Transport Plan (Phase One) indicates that the DOT conducted several workshops. Workshops included an inner-city local government workshop (December 2018), a walking and bike riding workshop (February 2019), an accessibility workshop held with the City of Perth (September 2019) and public consultations between August and September 2019.

The public consultations were identified to be based on an online survey and mapping activity, where DoT indicated the receipt of more than 1,000 responses from the community and interested stakeholders.

It is understood that the consultation outlined above was the primary source in the identification of transport problems and the development of initiatives.

A meeting was undertaken between the Administration and the DoT on 29 October 2020, where the DoT presented a list of initiatives for the areas including Crawley-Nedlands, which is adjacent to the City of Nedlands area boundary.

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It is important to note that the Administration has not been involved in the review of the consultation nor the development of the initiatives, except possibly in 2018 where a City representative was indicated to be a participant at the Inner City Local Government workshop in 2018, as shown in the DoT’s Perth Greater CBD Transport Plan.

It is therefore the Administration’s preference to provide initial comments on each project as shown in the attachment and further investigate the DOT initiatives to better understand the projects and their implications. This includes the review of feedback, as well as participation in the development of initiatives and their priorities.


Council endorsed with amendments the Department of Transport’s Draft Long Term Cycle Network (LTCNP) for Community Consultation at the September Ordinary Council Meeting.

Project Number 3 ‘Prioritisation and implementation schedule for bike riding and pedestrian links, from the attachment, is relevant to DoT’s Long Term Cycle Network.

Consultation

The DoT conducted public consultations using an online survey and mapping activity between August and September 2019. It is the Administration’s intent to request the sharing of feedback to review and determine the requirement for an additional consultation.


How well does it fit with our strategic direction?

The Strategic Community Plan includes the following objectives:

Promote a movement network that foremost enables mobility, and particularly encourages non-car modes.

Locate land uses (particularly higher density residences) and transport networks in a way that maximises efficiency.

The development of the Transport Plan which is supported by both DoT and the City will provide a framework for State and local governments, key stakeholders and the community to work collaboratively together, guiding investment into the future and outlining further investigative tasks required to support development of the transport network.

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Who benefits? A successful Transport Plan will outline a series of initiatives and investments that will help residents, workers and visitors of the City.

Does it involve a tolerable risk?Administration will investigate and provide feedback on DoT’s on the Transport Plan and identify whether any of the initiatives proposed presents a risk to the City.

Do we have the information we need?Administration currently do not have sufficient information regarding the initiatives and their implications. Therefore, Administration proposes further investigation into the initiatives and initiate our involvement in the development of the Transport Plan.


A successful Transport Plan will identify the short-term (one to five years) and longer-term priority initiatives, which can also be reflected to the City’s future works.

Can we afford it? The further review and investigation will be undertaken by existing officers. Work priorities will need to be reviewed in order to deliver this successfully.

How does the option impact upon rates?At this stage it is difficult to ascertain whether there will be any impact on rates until such time as proposed initiatives have been thoroughly investigated.

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13.8 Responsible Authority Report Lot 531 (o. 79) and Lot 532 (No. 81) Broadway, Nedlands – 27 Multiple Dwellings and Shop

Council 24 November 2020Applicant Element Landowner BHY Holdings Pty LtdDirector Peter Mickleson – Director Planning & Development Employee Disclosure under section 5.70 Local Government Act 1995

Nil

Report Type

Information Purposes

Item provided to Council for information purposes.

Reference DAP/20/01783Previous Item NilDelegation Not applicable – Joint Development Assessment Panel

application.

Attachments

1. Responsible Authority Report and Attachments – available at: https://www.dplh.wa.gov.au/about/development-assessment-panels/daps-agendas-and-minutes

Councillor Smyth – Impartiality Interest

Councillor Smyth disclosed that that she is a Ministerial appointee and paid member of the MINJDAP that will be considering this item at a meeting scheduled for 1 December 2020. As a consequence, there may be a perception that her impartiality on the matter may be affected. In accordance with recent legal advice from McLeods released to the local government sector in relation to a recent Supreme Court ruling, Councillor Smyth advised she will not stay in the room and debate the item, or vote on the matter. Please Note that although not participating in the debate Councillor Smyth advised she intended to listen to Public Questions and Addresses as she believed this is a neutral position and does not predispose a bias for the JDAP.

A similar declaration will be sent to the DAP administration prior to the scheduled MINJAP meeting.

Councillor Smyth left the room at 9.06 pm.

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https://www.dplh.wa.gov.au/about/development-assessment-panels/daps-agendas-and-minutes

https://www.dplh.wa.gov.au/about/development-assessment-panels/daps-agendas-and-minutes


Regulation 11(da) - Council determined that it did not want to support the RAR as it considered the proposal an “over development” of the site.

Moved – Councillor CoghlanSeconded – Councillor Senathirajah

Council Resolution

That Council:

1. notes the Responsible Authority Report for the proposed Mixed Use Development of 27 Multiple Dwellings and a shop at Lots 531 (No 79) and 532 (No 81) Broadway, Nedlands,

2. agrees to appoint Councillor Coghlan to coordinate Council’s submission and presentation to the Metro Inner-North JDAP.

3. does not support approval of the application unless it is further

revised to satisfy the following key aspects:

a. Redesign is still required as the plot ratio of 2.17 still exceeds the plot ratio of 2.0 as defined in the primary control table of SPP 7.3.

b. Improved provision of building side setbacks at level 4 and 5 to 9 metres in line with level 6 to create the podium. Levels 1-3 should form the platform

c. Reduction in the height of the building. It is still 23.6 metres whereas 21 metres is listed under the RAC3 code tables. There are 6 levels apparent from Broadway not including the basement at street level and 7 levels total including the street level. A storey still needs to be removed from the development application.

d. Floor space. The commercial tenancy is of limited capacity at 90 square metres and this could restrict the potential commercial opportunities.

e. Street level is defined as lower ground level and it doesn’t add to street activation. The entry lobby and the vehicle crossover dominate the façade.

f. Landscaping. The awning protrudes over the footpath at Broadway street level. It limits opportunities for street tree planting, allowing only limited low-level foliage in the available front landscaping area. Vertical planting will require maintenance to survive the summer elements. Planter boxes and the rooftop garden are reliant on species that grow in “on

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structure” plant boxes that may be exposed to direct wind and excessive sunlight, particularly in summer.

g. The building still presents with bulk and scale and does not fit in with the still predominantly single level residential area and the lower level commercial properties on this side of Broadway.

h. Overshadowing is still at 80% at 83 Broadway.

A condition of approval should be the requirement for the maximum number of on street car bays to fit into the available space on either side of the proposed new crossover.

Another condition should be added to improve visual privacy so that balustrades on the terraces to the south, west and north are made of opaque materials.

Councillor Mangano left the room at 9.10 pm and returned at 9.12 pm.


Recommendation to Council

That Council:

1. notes the Responsible Authority Report for the proposed Mixed Use Development comprising of 27 Multiple Dwellings and a Shop at Lot 531 (No.79) and Lot 532 (No.81) Broadway, Nedlands;

2. agrees to appoint Councillor …… and Councillor ….. to coordinate the Council’s submission and presentation to the Metro Inner-North JDAP; and

3. does / does not support approval of this development and provides the

following reasons for the Council’s position on the application;

a. …b. …

1.0 Executive Summary

In accordance with the Planning and Development (Development Assessment Panels) Regulations 2011, Administration have prepared a Responsible Authority Report (RAR) in relation to the revised plans received on 30 October 2020 and 13 November 2020 for the Metro-Inner North Joint Development Assessment Panel (JDAP) Form 1 Application at Lots 531 (No.79) and Lot

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532 (No.81) Broadway, Nedlands. The amended plans propose a 6-storey mixed use development comprising of 27 Multiple Dwellings and Shop tenancy. The City considers that the amended plans adequately address the JDAP’s reason for deferral and the City’s previous reasons for refusal.

The purpose of this report is to inform Council of Administration’s recommendation to the JDAP.

2.0 Background

On 26 August 2020 the Metro-Inner-North Joint Development Assessment Panel (JDAP) considered a seven (7) storey mixed use development comprising of 34 Multiple Dwellings and Shop tenancy located at Lot 531 (No.79) and Lot 532 (No.81) Broadway, Nedlands.

The City recommended that JDAP refuse the application for the following reasons:

The proposed seven (7) storey height exceeded the expected scale of development in the R-AC3 code of six (6) storeys. The height did not respond appropriately to the changes in topography, presenting as a six-storey interface to the adjoining R60 coded lots (side and rear) and up to eight storeys as viewed from Broadway;

The reduced street setbacks were inconsistent with expectations under the R-AC3 code and did not mitigate perceived bulk and scale appearing up to eight storeys on Broadway;

The proposed plot ratio of 2.49 did not reflect the expectation for an R-AC3 ‘Mid-rise urban centre’ which has a default plot ratio of 2.0. The development was more representative of a R-AC2 or ‘High density urban centre’ which has a default plot ratio of 2.50; and

The reduced building separation from Levels 4, 5 & 6 did not provide for adequate separation between the site and neighbouring properties. The reduced setbacks exacerbated building bulk as viewed from all boundaries and compromised on visual privacy, extent of shadow cast and amenity.

The JDAP determined to defer the application for a period of 90 days to allow the applicant to reconsider the design of the development, focusing on plot ratio and building height. Amended plans and technical reports were submitted to the City on 30 October 2020, 4 November 2020, and 13 November 2020. The last received plans (13 November 2020) form the determination plans and the basis of this report.

3.0 Application Details

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An overview of the amended application against the JDAP deferral reasons and the City’s original refusal recommendation is tabled below: JDAP Reason for Deferral

Deferral Reason Modification Made Element Objective

2.2 – Building Height The design has been reduced by a storey to have maximum height of 6-storeys. The development is viewed as a 4-5 storey interface to the adjoining R60 coded lots to the rear and 6-7 storeys to Broadway.

ü

2.5 – Plot Ratio The number of apartments has been reduced from 34 down to 27 and the plot ratio decreased from 2.49 down to 2.19.

ü

City’s Reason for Refusal Deferral Reason Modification Made Element

Objective2.2 – Building Height The design has been reduced by

a storey to have maximum height of 6-storeys. The development is viewed as a 4-5 storey interface to the adjoining R60 coded lots to the rear and 6-7 storeys to Broadway.

ü

2.3 – Street Setbacks

No change to street setback. However, due to the removal of the 7th storey and increased setbacks to the north and south from Level 5 the perception of building bulk and scale has been reduced and is now considered appropriate to the site context.

ü

2.4 – Side & Rear Setbacks

Basement – Substantial reduction in area from 1,476m2 to 356m2. Increased setbacks (8m – 16.39m) and now used solely for store rooms and utilities.

Lower Ground – internal

ü

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reconfiguration to parking, location of commercial tenancy employee parking and location of waste bins. No change to public realm treatment

Upper Ground – internal reconfiguration to parking and removal of residential stores. Apartment and balcony size to APT UG02 has reduced. An increase in boundary wall height to 5.5m to APT UG01 & UG02 in order to address visual privacy requirements

Levels 1 -4 – west facing apartments internally reconfigured and reduced setback from 4.27m to 3.92m at Level 1. Level 2 & 3 east facing apartments reconfigured. Increased setbacks to all levels at north from 2.73m to 3m to address visual privacy requirements. Additional screening added to terraces and habitable rooms.

Level 5 - 2 penthouse apartments proposed in lieu of 4 apartments. Increased setbacks to the north and south and overall reduced building footprint and additional landscaping elements have reduced the perception of bulk.Level 6 – deleted and is now in line with the intended future character of R-AC3

Roof Top Terrace – minor modification as a result of the deletion of Level 6

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2.5 – Plot Ratio The number of apartments has been reduced from 34 down to 27 and the plot ratio decreased from 2.49 down to 2.19.

ü

2.7 – Building Separation

Level 4 & 5 applicable to building separation. Setbacks have increased between 3m – 9m (Level 4) and 6m-9m (Level 5) Additional screening has been proposed to improve the, outlook for future residents and privacy between the site and the adjoining properties to the north and south. As a result of the removal of the 7th storey and increased setbacks to Levels 4 & 5, the perception of bulk is further reduced.

ü

3.2 – Orientation Reduction of the extent of shadow from 84% to 80% to the directly adjoining southern landowner at No.83 Broadway and 11% to 3% to No.85 Broadway.

ü

3.5 – Visual Privacy Additional directional screens added to apartments and permanent screening to balconies. Minor increase to setbacks to major openings to address visual privacy concerns.

ü

4.0 Consultation

Original Application

The City’s Local Planning Policy – Consultation of Planning Proposals states that the development proposal for multiple dwellings is classified as a “Complex” Application. In accordance with this policy, the application was advertised for a period of 21 days from 6 June 2020 until 27 June 2020. The following forms of notification were included:

A total of 230 letters were sent to all City of Nedlands and City of Perth landowners and occupiers within a 200m radius of the site informing of the application and inviting comment;

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A sign on site was installed at the site’s street frontage for the duration of the advertising period;

An advertisement was published on the City’s website with all documents relevant to the application made available for viewing during the advertising period;

An advertisement was placed in The Post newspaper; A notice was place on the City’s Social Media Platform on the 6 June

2020; A notice was affixed to the City’s Noticeboard at the City’s Administration

Offices; and A community information session was held by City Officers on the 17

June 2020 at the Adam Armstrong Pavilion. Approximately 25 people attended.

The City received a total of 228 submissions during the public consultation period. The main issues raised in the submissions were:

The bulk and scale (height, plot ratio and setbacks) does not conform to the intended built form of R-AC3

The design is not sympathetic to the existing character of the locality and presents as 8 storeys as viewed from Broadway does not appropriately transition to the lower coding interface of R60 west to the site

Plot ratio The extent of overshadowing Visual privacy Increase in traffic & road safety issues Noise management Non-compliance with clause 67 of the Regulations, Part 9 Aims of the

Scheme, Local Planning Policy and currently advertised Scheme Amendment No.7

Amended Application

Due to the timing of the amended plans being received, the City was unable to undertake formal advertising. Notwithstanding, the amended plans were made available for public inspection on the City’s Your Voice website with a summary of changes proposed. All previous submissions on this proposal have been given due regard in this assessment.

5.0 Recommendation to JDAP

Amended plans have been received which now propose a 6-storey mixed use development comprising of 27 Multiple Dwellings and Shop tenancy. The City considers that the amended plans adequately address the JDAP’s reason for deferral and the City’s previous reasons for refusal as – The development meets the element objectives with respect to building

envelope and building mass and is in line with the intended future scale of an R-AC3 site;

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The development provides for an appropriate transition from R-AC3 to R60 as it proposes a 4-5 storey interface to the rear. It is further considered to appropriately address the streetscape as it now proposes a predominately 6 storey interface;

Modifications to the building separation have improved the bulk and scale of the development as viewed from the western interface; and

Additional screening to terraces and directional screening to habitable windows improve concerns with respect to visual privacy.

Approval is therefore recommended.

6.0 Conclusion

Amended plans have been received which now propose a 6-storey mixed use development comprising of 27 Multiple Dwellings and Shop tenancy. The City considers that the amended plans adequately address the JDAP’s reason for deferral and the City’s previous reasons for refusal. Approval is therefore recommended.

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13.9 Monthly Financial report – October 2020

Council 24 November 2020Applicant City of NedlandsEmployee Disclosure under section 5.70 Local Government Act

Nil

Director Lorraine Driscoll – Director Corporate & StrategyCEO Mark GoodletAttachments 1. Financial Summary (Operating) by Business Units

– 31 October 20202. Capital Works & Acquisitions – 31 October 20203. Statement of Net Current Assets – 31 October

20204. Statement of Financial Activity – 31 October 20205. Borrowings – 31 October 20206. Statement of Financial Position – 31 October 20207. Operating Income & Expenditure by Reporting

Activity – 31 October 20208. Operating Income by Reporting Nature & Type –

31 October 2020

Councillor Smyth returned to the room at 9.41 pm.






Council receives the Monthly Financial Report for 31 October 2020.

Executive Summary

Administration is required to provide Council with a monthly financial report in accordance with Regulation 34(1) of the Local Government (Financial Management) Regulations 1996. The monthly financial variance from the budget of each business unit is reviewed with the respective manager and the

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Executive to identify the need for any remedial action. Significant variances are highlighted to Council in the attached Monthly Financial Report.Discussion/Overview

The financial impact of COVID-19 is reflected with effect from April, the Hardship policy endorsed at the Special Council Meeting of 14 April 2020 introduced measures to support the City’s many stakeholders these are also reflected in the financials.

The monthly financial management report meets the requirements of Regulation 34(1) and 34(5) of the Local Government (Financial Management) Regulations 1996.

The monthly financial variance from the budget of each business unit is reviewed with the respective Manager and the Executive to identify the need for any remedial action. Significant variances are highlighted to Council in the Monthly Financial Report.

This report gives an overview of the revenue and expenses of the City for the year to date 31 October 2020 together with a Statement of Net Current Assets as at 31 October 2020.

The operating revenue at the end of October 2020 was $30.2m which represents $372k favourable variance compared to the year-to-date budget.

The operating expense at the end of October 2020 was $10.2m, which represents $714k favourable variance compared to the year-to-date budget.

The attached Operating Statement compares “Actual” with “Budget” by Business Units. The budget figures include subsequent Council approval to budget changes. Variations from the budget of revenue and expenses by Directorates are highlighted in the following paragraphs.

Governance

Expenditure: Favourable variance of $ 113,513Revenue: Unfavourable variance of $ (33,354)

The favourable expenditure variance is mainly due to:

WESROC expenses of $109k not spent, Office expenses of $33k not spent yet, Other employee costs of $39k not spent yet, Invoice for workers compensation insurance not received yet, showing an

under-spend of $84k The salary reduction of $442k as resolved by Council at the adoption of

the budget has been shown as a reduction in salaries of approximately $36k per month in Governance as a temproray budget item until the actual savings across the business units are identified and actioned. Thereafter the budget savings will be

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moved to the respective business units. The above list of savings of $265k is off-set against the $144k salary savings yet to be realised, though underway.

The unfavourable revenue variance is due to the relocating of all WESROC services to another local government and subsequently there will be no income receivable. For the past 5 years the City of Nedlands has hosted the WESROC Enviromental Officer’s position and managed expenses and invoicing of WESROC local governments. This position has now moved to the Town of Claremont, along with the associated management of the WESROC financials.

The budget for WESROC expense and revenue will be adjusted at mid-year budget review to reflect the move of the WESROC services to the Town of Claremont.

Corporate and Strategy

Expenditure: Favourable variance of $ 145,095Revenue: Favourable variance of $ 112,486


ICT expenses of $84k not expensed, Professional fees of $52k not spent yet, Lower loan interest expense by $9k due to profiling.

The favourable revenue variances is mainly due to:

Higher finance fees and rates revenue and interest thereon of $166k offset by lower term deposit interest income of $54k.

Community Development and Services

Expenditure: Favourable variance of $ 55,740Revenue: Favourable variance of $ 211,747


Special projects and operational activities of $31k not expensed yet, Nedlands library office and other expenses of $20k not yet expensed.

The favourable income variance is mainly due to:

Increase fees and charges from Tresillian, Positive Ageing and PRCC of $197k – at the time of setting the budget revenue estimates were based on the COVID-19 environment at that time (i.e. restrictions relating to public attendances at events),with restrictions easing these services have benefited from higher attendances

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Planning and Development

Expenditure: Unfavourable variance of $(217,128)Revenue: Favourable variance of $ 120,132

The unfavourable expenditure variance is mainly due to:

Urban planning, Ranger services and Building services salaries over spent by $183k. Urban planning salaries are higher by $123k due to increased applications, SAT appeals and unplanned policy work and re-work. Ranger services salaries are higher by $35k mainly due to redundancy payments for one of the Rangers. Building services salaries is higher by $24k due to additional works, increasing revenue by $88k.

Professional fees of $71k have expensed as a result of a Council approved un-budgeted expenditure on professional services related to the Woolworths DA appeal including traffic advice, public realm modelling and professional advice.

Environmental operational activities overspent by $30k due to profiling Offset by lower expenses of $64k in projects

The favourable revenue variance is mainly due to:

Increase fees & Charges income in Urban Planning, Rangers, Environmental Health and Building services of $123k.

Technical Services

Expenditure: Favourable variance of $ 616,570Revenue: Unfavourable variance of $ (39,467)


Plant expenses and waste minimisation expenses of $405k not expensed yet,

Insurance expenses of $202k not expensed yet, Savings in salaries in Technical department of $53k due to delay in back-

filling staff who have resigned and other employee costs of $46k not spent yet,

Underground power project expenses of $45k not expensed yet. Utilities invoices of $73k not received yet, Building and parks maintenance expense of $133k not expensed yet, Off-set against lower charge out of on-cost to projects by $366k

The unfavourable revenue variance is mainly due to:

Less fees & charges from Waste of $20k. Lower leased property charges of $15k.

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Borrowings

As at 31 October 2020, we have a balance of borrowings of $5.3 M.

Net Current Assets Statement

At 31 October 2020, net current assets was $22.7 M compared to $22.2 M as at 31 October 2019. Current assets are higher by $3 M offset by higher liabilities $2.9m.

Outstanding rates debtors are $8.8 M as at 31 October 2020 compared to $7.9 M as at 31 October 2019. Breakdown as follows:

31 Oct 2020 31 Oct 2019 Variance$’000 $’000 $’000

Rates 7,644 7,034 610Rubbish & Pool 197 157 40Pensioner Rates 542 575 33ESL 438 531 207

Capital Works Programme

As at 31 October, expenditure on capital works was $1.28m with additional capital commitments of $1.63 M which is 34% of a total budget of $8.3 M.

Employee Data

Description NumberNumber of employees (total of full-time, part-time and casual employees) as of the last day of the previous month

178

Number of contract staff (temporary/agency staff) as of the last day of the previous month

3

*FTE (Full Time Equivalent) count as of the last day of the previous month

157.05

Number of unfilled staff positions at the end of each month 12

Total active employees for the October month (full-time, part-time and casual) reduced by 4 employees from previous month to 178. There are 3 temporary contract employees: 1 in Finance Department, 1 in Information Management and 1 in Asset Management. The number of total vacant positions has declined from 16 (September) to 12 (October). There has been a small increase in total FTE from previous month by 0.47 FTE to 157.05 FTE.

Conclusion

The statement of financial activity for the period ended 31 October 2020 indicates that operating expenses are under the year-to-date budget by 6.52% or $714k, while revenue is above the Budget by 1.25% or $372k.

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Nil.

Consultation

N/A


The 2020/21 approved budget is in line with the City’s strategic direction. Our operations and capital spend and income is undertaken in line with and measured against the budget.

The 2020/21 approved budget ensures that there is an equitable distribution of benefits in the community

The 2020/21 budget was prepared in line with the City’s level of tolerance of risk and it is managed through budgetary review and control.

The approved budget was based on zero based budgeting concept which requires all income and expenses to be thoroughly reviewed against data and information available to perform the City’s services at a sustainable level.


As outlined in the Monthly Financial Report.

The approved budget is prepared taking into consideration the Long Term Financial Plan, current economic situation and special consideration to the effect from COVID-19. The approved budget was in surplus of $976,898. Subsequent Council approval on budget changes has reduced the surplus to $663,974.

The adopted 2020/21 budget included a 0% rate increase.

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13.10 Monthly Investment Report – October 2020

Council 24 November 2020Applicant City of NedlandsEmployee Disclosure under section 5.70 Local Government Act

Nil.

Director Lorraine Driscoll – Director Corporate & StrategyCEO Mark GoodletAttachments 1. Investment Report for the period ended 31 October

2020


Moved – Councillor McManusSeconded – Councillor Wetherall




Council receives the Investment Report for the period ended 31 October 2020.

Executive Summary

In accordance with the Council’s Investment Policy, Administration is required to present a summary of investments to Council on a monthly basis.

Discussion/Overview

Council’s Investment of Funds report meets the requirements of Section 6.14 of the Local Government Act 1995.

The Investment Policy is structured to minimise any risks associated with the City’s cash investments. The officers adhere to this Policy, and continuously monitor market conditions to ensure that the City obtains attractive and optimum yields without compromising on risk management.

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The Investment Summary shows that as at 31 October 2020 and 31 October 2019 the City held the following funds in investments:

31-Oct-2020 31-Oct-2019Municipal Funds $ 11,903,504 $ 15,073,401 Reserve Funds $ 5,913,037 $ 6,785,065Total investments $ 17,816,541 $ 21,858,466

The total interest earned from investments as at 31 October 2020 was $32,343.32.

The Investment Portfolio comprises holdings in the following institutions:

Financial Institution Funds Invested Interest Rate Proportion of

PortfolioNAB $6,242,233 0.65% - 0.88% 35.04%

Westpac $5,505,047 0.69% - 1.05% 30.90%

ANZ $2,184,559 0.65% - 0.70% 12.26%

CBA $3,884,702 0.47% - 0.76% 21.80%

Total $17,816,541 100

35.04%

30.90%

12.26%

21.80%

Portfolio Diversity

NAB Westpac ANZ CBA

Conclusion

The Investment Report is presented to Council.

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Nil.

Consultation

Required by legislation: Yes No Required by City of Redlands policy: Yes No


The investment of surplus funds in the 2020/21 approved budget is in line with the City’s strategic direction.

The 2020/21 approved budget ensured that there is an equitable distribution of benefits in the community

The 2020/21 budget was prepared in line with the City’s level of tolerance of risk and it is managed through budgetary review and control.

The interest income on investment in the 2020/21 approved budget was based on economic and financial data available at the time of preparation of the budget.


The October YTD Actual interest income from investments is $32,343 compared to the October YTD Budget of $90,000.

The approved budget is prepared taking into consideration the Long-Term Financial Plan and current economic situation.

The adopted 2020/21 budget included a 0% rate increase.

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14. Elected Members Notices of Motions of Which Previous Notice Has Been Given

Disclaimer: Where administration has provided any assistance with the framing and/or wording of any motion/amendment to a Councillor who has advised their intention to move it, the assistance has been provided on an impartial basis. The principle and intention expressed in any motion/amendment is solely that of the intended mover and not that of the officer/officers providing the assistance. Under no circumstances is it to be expressed to any party that administration or any Council officer holds a view on this motion other than that expressed in an official written or verbal report by Administration to the Council meeting considering the motion.

14.1 Councillor Youngman – Point Resolution Childcare Centre Enrolments

On 11 November 2020 Councillor Youngman gave notice of his intention to move the following at this meeting.

Councillor Youngman authorised Councillor Bennett to move this motion on his behalf.

Moved – Councillor BennettSeconded – Councillor Senathirajah

Council instructs the Chief Executive Officer to increase Point Resolution Childcare Centre enrolments to 26 children for 2021 and to further consider an increase to 30 children in the review resolved by Council at its 22 September 2020 meeting.

Mark Goodlet left the room at 9.52 pm and returned at 9.54 pm.

CARRIED 6/5(Against: Crs. Horley McManus Mangano Poliwka & Wetherall)

Justification

Numbers can be increased to 30 children by rearranging the entrance to the building to create more floor space, changing some windows to a sliding type and possibly using cafe blinds to enclose the veranda area on the north side of the building. The staffing levels of 6.5 staff will still be able to manage the facility, perhaps with some changes to their working roles.

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Administration Comment

We recognise the good intent of this NOM however do not support it at this time, Administration are currently finalising the Request For Quotation document to procure a consultant to provide a report as per Council Resolution CPS27.20 at the Ordinary Council Meeting of 27 October 2020 which will address the following requirements:

“undertake the necessary research and stakeholder consultations, and provide Council a report on:

a. The future demand and suitable sites for Childcare Services in the City of Nedlands south of Stirling Highway; and

b. The desirability and financial sustainability of the City continuing to manage the provision of Childcare Services at Point Resolution Childcare Centre compared to the privatisation of the provision of services at that site;

In response to the specific options raised by Councillor Youngman to facilitate an intake of 30 children, we note the following

a. Re-arranging the entrance to the building to create more floor space

There are no funds allocated for this work in the 2020/21 budget. The amount required can only be determined when a proper review of the options to re-arrange the front of the centre is conducted, including the scope of works and a floor plan which is compliant with child care regulations and requirements and approved by the Education and Care Regulatory Unit.

b. Changing some windows to a sliding type and possibly using café blinds to enclose the verandah area on the north side of the building.

The allocations of indoor space and outdoor space will need to be modified and approved by the Education and Care Regulatory Unit. There is no allocation of funds to cover cost of installation of café blinds in the 2020/21 budget, if this is what ultimately is required.

c. The staffing levels of 6.5 staff will still be able to manage the facility, perhaps with some changes to their working roles.

The centre is currently operating at 6.0 FTE in-line with reduction of staff across the Administration to meet the CEO’s KRAs for 20/21. Changes to staff working roles can only be considered if operating at 6.5 FTE or higher. There will still be an impact on managing the service in times of staff leave – including sick or annual leave, RDOs, etc.

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Given that Council have directed the CEO to respond to the Council Resolution - “That this item be deferred to the March 2021 round of meetings in order to review the long-term needs for Child Care South of Stirling Highway in reference to the City’s land assets and undertake full community consultation with all stakeholders”, it is recommended to await the outcome of the review before any changes to the operations of the centre are made, the review is due to Council in March 2021.

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14.2 Councillor Smyth – Mattie Furphy House, Swanbourne – Lease Variation

On 12 November 2020 Councillor Smyth gave notice of her intention to move the following at this meeting.

Councillor Smyth withdrew this notice of motion.

Council:

1. notes the information brief provided by the Fellowship of Australian Writers -WA regarding their maintenance plans for Mattie Furphy House, which is leased from the City, and located in the Allen Park Heritage Precinct, Swanbourne.

2. notes that the Fellowship of Australian Writers -WA has applied for a $50,000 grant with a national heritage trust in Victoria, for maintenance and improvements to this property.

3. instructs the CEO to absorb the estimated cost of the lease variation (up to $5,000) should the anticipated adjustment work be required to support the designated improvements.

Justification

1. The Fellowship of Australia Writers – WA are longstanding occupants of the Allen Park Heritage Precinct. Over the years Council has supported their activities and maintained a mutually beneficial relationship with the Fellowship. Council always welcomes the opportunity to receive information that demonstrates initiatives that contribute to the wider community interest.

2. Council is made aware that the FAW-WA has applied for a significant grant that should improve facilities for the City’s lessees and increase amenity in the immediate vicinity of Allen Park Heritage Precinct.

3. The anticipated fees for solicitor’s and surveyor’s ($5K), resulting from requirements imposed by the City, are an administrative cost that the FAW-WA has no capacity to recoup through its grant criteria.

4. The historic Furphy Watercart will be displayed under a new timber and corrugated iron roof shelter with interpretive signage and present as a significant historic artifact within the City.

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Background:

The Fellowship of Australian Writers WA (FAW-WA) owns two heritage properties located within the Allan Park bushland. The two houses (Tom Collins House and Mattie Furphy House) were donated to the writers of WA. The Fellowship of Australian Writers, an incorporated society run by volunteers for more than 80 years, is responsible for their care and maintenance. The houses are used for writing workshops, residencies, book launches, and other creative events. Despite the impact of COVID on our 2020 schedule, the Fellowship has hosted more than 1,400 people at its events since February, provided three writing residencies, and supported eleven emerging writers through the Four Centre’s Emerging Writers Program, funded by the Department for Local Government, Sport and Cultural Industries.

In addition to the houses the Fellowship is responsible for the care and conservation of several heritage items of historical significance, including the Furphy Watercart.

Current Situation:

Currently the Fellowship is applying to a national heritage trust in Victoria for funds:

For an internal and external paint of Tom Collins House, including the roof. The house hasn’t been painted since it was relocated here in the 1990’s, and the paint has deteriorated significantly.

To build a shelter for the historic Furphy Watercart, which was restored in 2013. Since then it has been sitting out in the weather under a tree at the front of Tom Collins House, where it is not appropriately protected. We are planning to relocate the Watercart and to build a timber and corrugated iron roof shelter against the weather, with interpretive signage.

Restore the Mattie Furphy Copper Artwork in Tom Collins House to ensure its preservation.

To termite treat both houses, against damage for the next 10 years.

FAW-WA have been working closely with City’s Leased Assets Coordinator. In a meeting at the Fellowship on Tuesday 20 October City’s Leased Assets Coordinator noted that, as we are planning to move the Watercart, our lease with Nedlands will require alteration. A solicitor’s fee and a surveyor’s fee will need to be paid.

Quotes have been procured by the Leased Assets Coordinator. The estimated total cost of both the solicitor and surveyor’s fee will be: $4 500 + GST.

The Fellowship is applying for the remainder of the expenditure (E$50 000) from a national heritage trust in Victoria.

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Proposed Action:

FAW-WA proposes that the Nedlands Councillors recommend these costs be absorbed by the City of Nedlands.

Attachment 1 – Email from FAW-WA - Thu 22/10/2020 12:07 PMAnd attached document entitled:

Brief to Nedlands City Councillors from The Fellowship of Australian Writers WA

Administration Comment

Note comments provided in the justification relating to the City’s Leased Assets Coordinator.

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15. Elected members notices of motion given at the meeting for consideration at the following ordinary meeting on 15 December 2020

Disclaimer: Where administration has provided any assistance with the framing and/or wording of any motion/amendment to a Councillor who has advised their intention to move it, the assistance has been provided on an impartial basis. The principle and intention expressed in any motion/amendment is solely that of the intended mover and not that of the officer/officers providing the assistance. Under no circumstances is it to be expressed to any party that administration or any Council officer holds a view on this motion other than that expressed in an official written or verbal report by Administration to the Council meeting considering the motion.

Notices of motion for consideration at the Council Meeting to be held on 15 December 2020 to be tabled at this point in accordance with Clause 3.9(2) of Council’s Local Law Relating to Standing Orders.

15.1 Mayor de Lacy – Planning Committee

Mayor de Lacy gave notice of her intention to raise the following at the 15 December 2020 Ordinary Council Meeting.

Instructs the CEO to prepare a Terms of Reference (ToR) for a Planning Committee consisting of:

8 Councillors (two per ward) 4 alternate Councillors (one per ward) The Mayor Administration Support appointed by the CEO

The Terms of Reference are to be presented to Council in February 2021 for endorsement and are to include the following in respect of the Committee’s role:

1. Meet fortnightly for 12 months (then review for ongoing need);2. Have the same Standing Orders as the Whole of Council Committee;3. Delegated decision-making authority in the following cases where less

than 3 objections are received during advertising:a. Change of use applications (which are classified IP, P, D or A) and

uses not listed in LPS3b. Car parking requirements for non-residential applicationsc. Home business or short term accommodation applicationsd. Where the objection relates to a Design Principles or Element

Objectives assessment relating to the R Codes;4. Delegated authority to review Responsible Authority Reports and make

submissions to the MINJDAP on behalf of Council;5. Review of Administration Reports on Local Planning instruments

required as part of implementing LPS3 with delegated authority to make decisions on:a. Advertising of draft local planning instruments;

6. Request expert/technical deputations on issues of relevance to the good and proper implementation of LPS3;

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7. Accept deputations from Councillors not on the Committee, and from proponents of Complex Development Applications; and

8. The Presiding Member to table a report to Council monthly on the Committee’s activities.

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15.2 Mayor de Lacy – Suspension of Public Art Committee

Mayor de Lacy gave notice of her intention to raise the following at the 15 December 2020 Ordinary Council Meeting.

Council instructs the CEO to suspend the Public Art Committee for 12 months and requests current activities of the Arts Committee be managed through the ‘Whole of Council Committee’ and ‘Ordinary Council’ meetings cycle.

Justification

The current workload of the Arts Committee is not substantial and can be managed via the normal Council meeting cycle. Most decisions of the Arts Committee come to Council for approval ie it has little in the way of delegated decision-making authority, and results in doubling up of work. There is a lot of administrative work that goes into Committees, and hence we need to ensure we have only a small number that are focussed on current high priorities.

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15.3 Councillor Wetherall – Revocation of Laneways Policy Hollywood East

Councillor Wetherall gave notice of his intention to raise the following at the 15 December 2020 Ordinary Council Meeting.

Council revokes the City of Nedlands Local Planning Policy – Smyth Road, Gordon Street and Langham Street, Laneway and Built Form requirements.

Justification

This is the last remaining CON LP Policy where ceding of land for a laneway is a prerequisite for development. It is causing unintended severe financial hardship for ratepayers wanting to sell their properties to purchasers with no likelihood of redevelopment. There is an urgent requirement for equitable provision for ratepayers in Hollywood.

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16. Urgent Business Approved By the Presiding Member or By Decision

The Presiding Member accepted the following item as urgent business.

16.1 Councillor Coghlan – Development Application Information Sessions

Moved – Councillor CoghlanSeconded – Councillor Bennett

That Council instructs the CEO to open up more Development Application information sessions for 97-105 Stirling Highway and allow larger groups to attend.

Lorraine Driscoll left the room at 10.05 pm and returned at 10.06 pm.


Justification

1. Currently one date is proposed from 4-7pm on 3.12.20. Clearly more times are required.

2. The community is already questioning if this session lasting 3 hours with a small number of people each with a twenty-minute time slot is appropriate.

3. Residents are asking for a large open session where they can ask questions and engage with each other and they are better informed when they are present in a group. They effectively learn of each other.

4. This DA impacts all of Nedlands and elsewhere.5. We need to get this right and give everyone the opportunity to get

involved.6. Residents have been given a staff member email to ask for a larger

group if they so wish to meet a planner. However, the starting point is, should not be all left up to the residents to agitate for extended sessions, we should be doing this from the outset.

7. Previously we did a city-wide mail out and received over 500 submissions.

8. People need the opportunity for face to face exchange and we should provide it.

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17. Confidential Items

Any confidential items to be considered at this point.

Nil.

Declaration of Closure

There being no further business, the Presiding Member declared the meeting closed at 10.10 pm.

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